QUESTION

Can I obtain a divorce when spouse's whereabouts are unknown and we've been separated over 20 years?

Asked on Jan 18th, 2016 on Divorce - California
More details to this question:
N/A
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3 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
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Yes. There is a process for serving someone if you know his/her last known address. Get a lawyer, paralegal or the self help window at your court house to help you.
Answered on Feb 10th, 2016 at 7:27 AM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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You can get the divorce. You will first have to do a required investigation to locate the spouse and then apply to the Court to serve the summons and Petition by publication in a newspaper.
Answered on Feb 08th, 2016 at 3:34 AM

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Yes, you can obtain a divorce even if you cannot locate your spouse. After your file your Petition with the court, you must attempt find her and have her/him personally served with the paperwork. You must contact her last known residence, her/him last known employer, as well as her/his relatives and friends that you know of, also you should check Facebook and the internet. If all of those things fail, you can submit a request to the court to have your spouse served by publication (newspaper). Outline your attempts at finding her/him, and if the court believes you have done enough and she/he cannot be found, then they will allow you to serve by publication. Once that is completed the case can move forward without her/him.
Answered on Feb 08th, 2016 at 3:34 AM

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