Legal Question in Family Law in California

Can he divorce me without my knowing it?

My husband and I have been married 3 years and have lived in my home state (MD). When we seperated in January, he moved back to his home state (CA) and we have had little to no contact since then. My ? is this...can he divorce me without my knowledge? I know that in MD you have to be apart for a year but I need to know if CA laws are different or if there is a way I might suddenly find myself divorced with no forewarning. I also need to know what to do to get my share of the 401k...as of now, it is sitting in an account with the company he used to work for in DE. Do I have any way to get my half without him?


Asked on 4/14/06, 11:45 pm

2 Answers from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Can he divorce me without my knowing it?

He could get a dvorve here by servng you. You should start a case there so you can be present. Surely you can get a legal separaton w/out delay.

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Answered on 4/16/06, 12:32 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can he divorce me without my knowing it?

Perhaps if he served by publication. You should file via an attorney for divorce to protect your share of the community property. Call me directly at 16192223504.

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Answered on 4/17/06, 6:15 pm


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