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Can you get a divorce when you cannot locate your spouse? Yes you can!

12/26/2017

2 Comments

 
While in typical lawsuits, you need to be able to locate and serve the other party in order to initiate proceedings, there is another way to satisfy service for a divorce in California. If your spouse abandoned you and you cannot reasonably locate them, you can request for the court to complete service by publication in a newspaper in the area you believe your spouse is located. In order to do so, you must convince the court that you took considerable steps to locate your spouse. This could include hiring a process server, calling your spouse's family and friends, and running internet searches. Once the court approves your request, you must publish the petition and summons in a newspaper in the area you believe your spouse is located for four weeks. After 28 days, the 30-day clock for your spouse to respond begins, and if they don't respond within those 30 days, you can request a default divorce with the court. So, if your spouse has abandoned you and you are worried about the difficulty of getting a divorce, take some comfort in knowing it might be easier than you think!
2 Comments
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2/21/2018 08:48:04 pm

This serves as a protection for those battered wives and husbands who were left with their abusive spouses. It's good to know that divorce is possible even if your partner has been hiding or missing in action. They say that if you can save the relationship, do it in the most possible way. Do your best to win your partner back! But if the relationship becomes too painful already and you don't feel the love anymore, may be it's about time to let go!

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Nicole link
2/18/2021 08:17:32 am

I enjoyed reading your post

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    Maria E. Crabtree, CFLS
    Rebecca L. Lovell, Esq.
    Kelley F. Stieler, Esq.
    ​Alistair Shaw, Esq.

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    Disclaimers:  This web site and blog is designed for general information only. Information posted on this site and blog does not constitute legal advice. By accessing this site and blog, you do not form an attorney-client relationship with Maria E. Crabtree.  Family law is a state-specific practice, and Maria E. Crabtree only represents clients whose cases are within California's jurisdiction.

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  • Home
  • Attorneys
    • Maria E. Crabtree, CFLS--Managing Attorney
    • Shaliya Nath-Higley, Esq.--Associate Attorney
  • Support Staff
  • Mediation
  • Contact Us
  • Resources
  • Blog
  • Español