Legal Question in Family Law in California
I filed for divorce in Sept 2009 I filed an ammended copy in feb my ex never responded. I now want to file a default but he refuses to give me an address..He lives in florida but travels he is now in kentucky how can i file without him giving me an address?
2 Answers from Attorneys
If he responded to the original filing, you are allowed to serve him with papers at whatever address he used in that response until he notifys you and the court of a new address. If he never responded to anything, you have to figure out some way to try to find him and attempt to serve him. Since you have contact with him, the court is not going to let you serve him by publication unless and until you have demonstrated that you have exhausted all reasonable efforts to find a place to have him served.
You may have residency and jurisdiction problems, if he lives in Florida, and did not live in California.