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I have no idea where my spouse is we lost contact and we been living
separate for over four years now. What can I do?

Asked on February 22, 2017 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Any time that there is a legal action, all people named in it must be given proper "notice". In a case such as yours, this means that you will have to serve your spouse to give them a chance to "answer" the complaint that you'll file. When a spouse cannot be found, after all reasonable and diligent efforts have made to do so, they may be served notice via "publication". This means that the court will allow you put a notice in a newspaper in the area of your spouse's last known location. After that, if they fail to respond within the time given, you can go ahead with the case and a "divorce by default" can be granted on the terms that you request. At this point, you should speak directly to a local divorce attorney who can best advise you further.


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.

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