Legal Question in Family Law in California
How do i file for a divorce if i can not find my spouse?
Asked on 7/13/11, 8:09 pm
1 Answer from Attorneys
If you can find the courthouse you can file. It's proceeding with the case that is complicated. First you file then you must exhaust all reasonable efforts to find and serve the responding spouse. You need to document these efforts and they need to be more than "I don't know where they are, sorry." Once you can prove to the court that you have taken all reasonable efforts to find them, you can get an order that they be served by publishing notice in a court-approved newspaper. You then file the proof of publication and that serves as proof of service. You will then be able to get a default divorce.
Answered on 7/14/11, 3:20 pm