QUESTION
Can I file divorce and publish since I do not know where my husband is?
Asked on Aug 29th, 2013 on Divorce - California
More details to this question:
I am filing for divorce. I do not know where my husband is have not been with him for three years.
6 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You can file a petition for dissolution in this situation, and if you demonstrate to the court that you have attempted to find your husband to serve him then you may be able to serve him by publication. There are specific rules to follow. Also if you do serve him by publication then the court can only enter a decree of dissolution, it cannot make nay orders dividing property or debt. You should consult with an experienced family law attorney to discuss how to do this.
Answered on Sep 03rd, 2013 at 11:25 AM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Yes you can serve by publication.
Answered on Aug 30th, 2013 at 5:05 AM
You can file for divorce, but you may have some challenges when it comes to serving the documents. There are alternative means of settlement if you cannot locate him after reasonable/diligent efforts.
Answered on Aug 29th, 2013 at 12:01 PM
Possibly, but you would have to file a Motion for Alternate Service and ask the Judge for permission to serve in any alternate manner.
Answered on Aug 29th, 2013 at 10:38 AM
Yes, we can give notice through publication. Many law firms, including ours, charge a flat rate for uncontested divorces, which your would be contact an attorney to learn of your options.
Answered on Aug 29th, 2013 at 10:36 AM
You must get court permission to publish.
Answered on Aug 29th, 2013 at 10:34 AM