What should I do if I am divorcing my husband but have no idea where he is living?

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What should I do if I am divorcing my husband but have no idea where he is living?

On 2-12-2018 he was removed and arrested by the Sheriff’s Dept. In March he
was put on 3 years probation, was to register for Some Domestic Violence
Class and charged with Spousal Battery I have not seen or heard from him.
I am thinking maybe he is in San Diego , but how do I get an address, if
needed, to serve him papers?

Thank You for your time,

Leslie Nicolas

Asked on October 7, 2018 under Family Law, California

Answers:

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

Answered 2 years ago | Contributor

In any legal proceeding "notice" is mandatory. In a divorce this means that even if a spouse cannot be located, they still must be notified of the action before it can go forward. This can be done via a "divorce by publication". This means that you as the filing spouse must make a genuine effort to locate your husband, the non-filing spouse. You'll have to present proof to the judge that you made a diligent search for him. Once you have done so, you'll be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; typically it will be one in the area of your husband's last known address. If he fails to answer the notice in approximately 30-60 (it depends on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you requested and it will be finalized within about the 60-90 ays (again depending on state law). At this point, you may want to consult further with an attoreny about all of this.


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