Riverside, CA asked in Divorce and Family Law for California

Q: Can I file for divorce without my husband? I dont have an address to serve him.Thank you for reply in advance.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for any forwarding address, and other reasonable methods.

If after these efforts your spouse remains unfindable, you can request permission from the court to serve them by publication. This involves publishing a notice of the divorce in a newspaper likely to be seen by your spouse, typically in the area where they were last known to live. The court needs to be convinced that you've made a sincere effort to find your spouse before granting this permission.

Once you've served the papers by publication, the court process can move forward. However, the divorce might be granted with certain limitations, especially concerning property division and spousal support if your spouse does not respond. It's essential to understand the specifics of how these rules apply to your situation, and you may find it helpful to seek legal guidance to navigate this process effectively.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an attorney. A limited-scope representation may save you time and money in the long run.

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