Legal Question in Family Law in California
i have lived apart from my husband for over 20 years. i've recently heard that he has remarried! i would like a divorce but don't want to cause a commotion in his new life (in the off chance it's a happy one) i don't know his address or telephone or work info and he lives appx 5 hours away. is there a way to file for divorce without serving him papers?
2 Answers from Attorneys
No. A divorce is a court proceeding that requires notice to all involved and that notice requires service of papers. If he has remarried without going through a divorce with you, he has committed a crime and the marriage is void anyway.
File yes, get divorced no. What actually happens is the petition for dissolution is filed with the appropriate court, and the court issues a summons (usually by stamping the one you prepared). You then have to have that summons and the petition served on him.
I don't understand how you know he is five hours away, but don't know where he is. How can you tell how far away someone is if you don't know where that person is?
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