What to do if I need to get a divorce but do not know where my husband is?
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What to do if I need to get a divorce but do not know where my husband is?
I have been separated for the past 2 1/2 years from my current husband.
Asked on December 15, 2011 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, you can't take legal action against someone with first giving them notice of the action and an opportunity to appear and explain their side of things. And even in the case of a missing spouse, that spouse must still be informed of the divorce action before it can proceed.
So the law provides a legal remedy known as a "divorce by publication". In such a case, the filing spouse (i.e. petitioner) must make a diligent effort to find the absent spouse (i.e. respondent). The petitioner has to present proof to a court that they made a good faith search to find their spouse. At that time the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper as opposed to personally serving them (typically it will be in one in the area of their last known address).
The respondent will need to file an answer after the first date of publication (usually 30-60 days). If they fail to do so, the petitioner can request to enter a "default divorce". As a genral rule, it is granted upon the terms requested by the petitioner (although the respondent is given a certain time in which they can appeal).
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