How do I start and finalize my divorce if my husband disappeared 3 years ago and neither I or his family know where he is?
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How do I start and finalize my divorce if my husband disappeared 3 years ago and neither I or his family know where he is?
I left my husband 7 years ago; 4 years later I was granted primary custody of our then 15 year old son. His father was so infuriated, he disowned and abandoned our son with no contact. I want to start and finalize my divorce but have not been able to track down my husband by doing background searches, asking g his family of his whereabouts, only to find out he severed all contact with him. How do I proceed forward without being able to serve him and notify him of my impending divorce?
Asked on July 18, 2018 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When a spouse cannot be located, there is a legal remedy of "divorce by publication" which allows the filing spouse to give a missing spouse notice of the divorce prodeedings. The filing spouse (i.e. the "petitioner") must make a diligent effort to find their missing spouse (i.e. the "respondent"). The petitioner then has to present the court with proof that they made genuinely tried to locate the respondent. At that point, the petitioner is allowed to "serve" the respondent by publishing notice of the divorce proceedings in a newspaper (the court will instruct as to which one). The respondent will then have about 30-60 days to file an "answer". If they fail to do so in the time alloted, then the petitioner can ask the court if they can enter a "divorce by default". As a general rule, such a divorce is granted upon the terms requested. At this point, you can consult directly with a local divorce attorney who can best advise you as to how to proceed.
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