QUESTION

How do I find out if I am still married?

Asked on Jan 21st, 2014 on Divorce - California
More details to this question:
I got married in 2005 and I have been separated for 7 years. I have not had any contact with my ex and I do not know where to locate him. I have heard there are ways to divorce a spouse if they are MIA for a certain amount of time and I wanted to know if there is a way for me to find out if he has done this yet without it costing me. I am in the state of California.
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4 ANSWERS

I would check with the courts of the counties surrounding his last known address to see if he has filed for dissolution. If not you could file for dissolution in the county where you live and if he cannot be found he can be served by publication.
Answered on Jan 24th, 2014 at 4:31 AM

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Does your husband know where you have been. You would have to have been served notice of a divorce proceeding for your husband to have divorced you. If you want a divorce, you could file and publish a notice of service if you cannot find your ex.
Answered on Jan 24th, 2014 at 4:31 AM

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The county clerks maintain the records so you would have to know where the case was filed. You should have been served with papers in order for him to get any orders including a property division.
Answered on Jan 24th, 2014 at 4:31 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Second question first. It will cost you something. First question second: You can file divorce papers. After you have made good faith efforts to find and serve him but cannot, you can file a request with the court to have him served by publication in the city of his last known residence. This will cost to publish in the newspaper in that town. You will undoubtedly need the assistance of an attorney or paralegal to guide you through this process. Good luck.
Answered on Jan 23rd, 2014 at 10:42 PM

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