Q: How do I get divorced from my husband who fled the state due to criminal charges for domestic abuse and child cruelty?
I have been separated from him for about 6 years. El dorado county ordered a CPO against him so we have had no contact.He fled CA and didn’t show up to the trial against him. without knowing where he is I was unable to get him served with the original divorce papers 5 years ago. I’m trying to figure out how and what I need to do to divorce someone who is basically MIA. I don’t know where he is to get him served and I don’t want to put myself or my children in danger by trying to locate him either. Any advice would be greatly appreciated
A:
If your spouse has fled the state and you are unable to locate him in order to serve him with divorce papers, you may still be able to obtain a divorce through a process known as service by publication.
Service by publication involves publishing a notice of the divorce in a newspaper or other publication that is likely to reach your spouse. In order to proceed with service by publication, you will need to demonstrate to the court that you have made a good faith effort to locate your spouse, but have been unable to do so.
To initiate the process of obtaining a divorce by service by publication, you will need to file a Petition for Dissolution of Marriage with the court in the county where you reside. You will also need to file a Request for Order for Service by Publication, which explains to the court the steps you have taken to locate your spouse and why you believe service by publication is necessary.
Once the court approves your request for service by publication, you will need to publish a notice of the divorce in a newspaper or other publication for a certain period of time. After the required period of time has elapsed, you will need to file proof of publication with the court.
If your spouse does not respond to the notice of the divorce within a certain period of time, you may be able to obtain a default judgment of divorce. This means that the court will grant your divorce without your spouse's involvement, assuming all other requirements for the divorce have been met.
It is important to note that the process of obtaining a divorce by service by publication can be complex, and it may be helpful to consult with an experienced family law attorney to ensure that you are taking the appropriate steps and meeting all necessary legal requirements.
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