Legal Question in Family Law in California

divorce, abandonment,

I was married in 1997, in CA. I have been seperated from my husband since 2002 and tried to get a divorce, but I could never get him served and ended up letting my attorney go as not to incur more debt. I have not seen him since April of 2004, we have a 2 year old, he does not pay child support,I have turned him in to the DA who also cannot find him. Can I seek a divorce based on abandonment? Do I have to serve him or publish his name? What is the time frame that I can file? Any help would be greatly appreciated. Thank you. Michelle


Asked on 2/01/05, 12:27 am

3 Answers from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: divorce, abandonment,

This is not a very difficult procedure and any competent family law attorney can assist you. If you can't locate your husband, then you need to seek permission from the court to serve him by publication. However, there are other issues which need to be addressed, ie, child custody/support, property, retirements, vehicles, debts etc.

You should seek assistance from a family law attorney.

Regards,

Damian Nolan

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Answered on 2/01/05, 9:19 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: divorce, abandonment,

Apparently you are under 18. That would explain why the truck is in your mother's name and not you. Monors cannot own property, and you do not have a right to the truck unless your guardian allows it.

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Answered on 2/01/05, 1:01 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: divorce, abandonment,

You must obtain an order to serve by publication via an ex parte motion. Call me directly at (619) 222-3504.

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Answered on 2/01/05, 12:48 pm


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