Garden Grove, CA asked in Divorce and Family Law for California

Q: i am trying to get my ex served, however he cannot be located, i am doing a declaration of due diligence. can i call him

I am trying to get my ex husband served with divorce papers and i am trying to get his whereabouts, however I have a current restraining order on him. to do a declaration of due diligence, do I have to try calling him as well??

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: No, you would not need to attempt contacting your ex-husband directly by phone in order to complete the declaration of due diligence when serving divorce papers in California.

Detail in your declaration any other substantive attempts to locate him, such as:

- Searching public records and online databases

- Contacting known family members and friends to get updated location information

- Checking with current/past employers or unions if applicable

- Looking up property or vehicle registration records

- Trying any previously known addresses

- Attempting personal or substitute service multiple times

Note the restraining order, and detail all other avenues explored, which will show sufficient due diligence. Best of luck moving forward with the case!

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