QUESTION
How can I file the divorce, if I do not know where my husband/wife is?
Asked on Sep 25th, 2012 on Divorce - California
More details to this question:
I am an American citizen, married to a Canadian. We were married in Vancouver B.C. We separated in September of 2005. I do not know where she is at this point, and I now live back in U.S.A.
9 ANSWERS
Personal Injury Attorney serving Upland, CA
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Lee Brown & Associates
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You can file in California if you are a resident here. She will have to be served personally or by publication. The court will make you satisfy it that you cannot find her before granting you permission to serve her by publication of summons in a newspaper.
Answered on Sep 28th, 2012 at 1:27 PM
Michael Paul Vollandt
You can file and if you can not find her then you can serve by publication.
Answered on Sep 25th, 2012 at 5:38 PM
You can still file for a divorce and serve your spouse by publication.
Answered on Sep 25th, 2012 at 5:38 PM
You can file for divorce. Then if you are unable to serve your spouse with papers after diligent efforts are established to the satisfaction of the court, you will be able to publish the divorce papers in a newspaper of general circulation in the city or town in which you have knowledge that the spouse last resided.
Answered on Sep 25th, 2012 at 5:37 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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There is a procedure for serving missing spouses. They can be served by publication in a newspaper.
Answered on Sep 25th, 2012 at 5:37 PM
You are going to have to attempt to find her and if you are not successful you will need to document your due diligence to the court and ask for an alternative method of service, such as publication. You should consult a family law attorney for assistance with the process.
Answered on Sep 25th, 2012 at 5:37 PM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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In California you will have to make a reasonable effort to find him using standard reference sources. Once you have done this, you may obtain a court order to serve by publication. This means you publish the Summons in a local paper. After publication is complete, and the standard period has run, and he still does not respond, you could finalize the case as a default.
Answered on Sep 25th, 2012 at 5:36 PM
You need to try to locate her and have her served with the divorce petition. Highly recommend you contact an attorney for assistance with this matter. Divorce in California is governed by laws around Community and Separate Property that are not always as simple, nor is the divorce process which must go through the Court system and be adjudicated by a judge.
Answered on Sep 25th, 2012 at 5:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will have to file and then try to locate her. If you cannot you may ask permission to serve by publication if it is in California. If it is out of the US you would have to know that country's requirements.
Answered on Sep 25th, 2012 at 5:34 PM