Legal Question in Family Law in California
How do you get a Divorce from a spouse that cannot be found?
I've been not legally separtated from my spouse for about nine years. We have two children together. Unfortunetly, he has disapeared and I have been unable to locate him. The district attorney of my state has been unable to locate him also. Being a single mother I do not have enough money to pay an attorney. I've tried to go through legal aid three times but, every time I get to the part where he has to be served I get lost and I can't find anyone to help me. So I guess my question is how do I divorce someone whose location is unknown?
3 Answers from Attorneys
Re: How do you get a Divorce from a spouse that cannot be found?
you can publish he divorce papers if he cannot be served. find an attorney who will take payments from you.
Re: How do you get a Divorce from a spouse that cannot be found?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera)and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
A missing spouse can be served by "publication." It requires an unsuccessful search to locate the other party, followed by a court order giving permission, and then publishing the divorce documents in a local newspaper.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: How do you get a Divorce from a spouse that cannot be found?
You can obtain service by publication through a newspaper, that costs more money. Since you are low income you may be able to "publish" the summons and petition by posting the summons in the office of the clerk of court. Check to see if you have a facilitators office at the court in your county who can assist you. Also, you may try searching for him using one of the private investigation services on the web. I have had luck paying $29 and locating people who have not been seen in 10 years. That may help you actually collect child support. Good Luck, Pat McCrary