Legal Question in Family Law in California

How can I divorce my spouse if the sheriff's tried to serve him, and couldn't find him? I'm indigent and want to get this done sooner rather than later.


Asked on 9/05/10, 3:01 pm

1 Answer from Attorneys

Steven Hertz Hertz Steven H.

In California you can file a Motion for an Order Permitting Publication. You can find this motion on court forms in your local county. If there is no form it is a standard motion form. The court will grant this type of motion without a hearing if you show the proper evidence so make sure you provide the court with an order to sign. You will also have to get a newspaper of general circulation and reference the paper by name in the order. Check with the court clerk to obtain a copy of the list of "adjudicated newspapers". Before you file, call each paper and get a price. They vary from between $450 and $50, and if the paper is on the list, it means you can use it. You will also need a "Declaration of Diligence" from the sheriff showing the attempts at service.

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Answered on 9/10/10, 6:10 pm


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