Legal Question in Family Law in California

Divorce related. Re: due diligence. I can not serve my wife with papers as she is out of country I know not where. I have a small stack of papers I'm wanting to send out to her family, friends and former employers requesting her address (don't expect to hear back). Question is, how must I document these letters? Should I register them? Certify them? Have them individually notarized? All the above? Thanks.


Asked on 2/14/13, 12:43 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

First of all, you can't serve papers at all. That's because you are a party to the dissolution petition, and papers need to be served by someone over 18 who is not a party to the petition, or a protected person named in any restraining orders.

Second, if you know she is out of the country, then it sounds like you may know where she is. The fact that someone is out of the country does not mean you can dump papers somewhere or not serve her.

You may have to comply with the Hague convention, but should do so if she is out of the country and you know where she is. I suggest using a registered process server to help you.

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Answered on 2/14/13, 8:27 am


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