Legal Question in Family Law in California

Want to divorce husband who abused me

How do I file for a divorce against my husband who tried to kill me with a knife? He has three felony warrants for his arrest associated with this case. I don't know where he is or what I can do legally against him in his abstentia. I have a restraining order against him, too. How do I proceed? I just want him out of my life and I want to be free of him forever by getting a divorce.


Asked on 2/01/06, 12:34 pm

3 Answers from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Want to divorce husband who abused me

If you want a lawyer to help you but can't afford one you can look for a low fee referal in your area or a free clinic or use the family law facilitator at the courthouse. Basically, you complete a bunch of forms including a motion to seek permission to serve him by publishing your Petition in a newspaper. Six months after he is served that way your divorce can be granted even if he is still on the lam.If he gets arrested before you publish your Petition the jailor will serve him. Good luck.

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Answered on 2/01/06, 3:54 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Want to divorce husband who abused me

Wow, we certainly empathize and sympathize with your unfortunate set of personal circumstances surrounding your subsequent dissolution proceedings. From a legal standpoint, if your ex cannot be actually located, you can have him effectively served via publication if need be, and it certainly sounds SAFER to say the least. If you would like our Law Office's PROMPT, AFFORDABLE legal assistance in the very delicate but IMPORTANT matter, contact us directly for a free phone consultation on Friday before 5pm. Warmest Regards.

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Answered on 2/02/06, 3:09 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Want to divorce husband who abused me

You need to file for a divorce via a petition for dissolution of marriage. If you do not know where your husband is, you will need to get a Court Order serve the summons by publication. You also have a civil lawsuit that you can file against your husband for domestic battery.

I can handle this entire matter for you. Give me a call at 818.739.1544. ext. 10

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Answered on 2/02/06, 10:01 am


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