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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
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 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.
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