I filed a dissolution of marriage signed by both parties in 2003- never filed proof of service. I need to finalize & cannot locate ex- what do I file?

Asked on June 28, 2009 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I am not admitted in California, when you can not locate one of the spouses to serve in a divorce, most states allow for publication as a form of notice.  You should either contact your prior attorney to see what he/she suggests or go down to the Court and speak with a clerk as to what to do.  You may have to make an application to the Court to allow you to publish in certain newspapaers (usually the Court will direct in which newspapers to publish).  But the clerk will let you know.   

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.