Santa Rosa, CA asked in Divorce and Family Law for California

Q: I want to file for divorce but cannot locate my husband he keeps moving through states what can I do to proceed

I want to be able to proceed with my divorce, but if im unable to locate my husband how do I do that?? He keeps traveling around from state to state, so I'm unsure how to locate him to be able to serve him papers.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: https://selfhelp.courts.ca.gov/divorce/start-divorce/service-rules-special-situations

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you are unable to locate your husband to serve him with divorce papers, you can request the court's permission to serve him by alternative means. This is known as a "motion for alternative service." Here are the steps you can take:

1. File for divorce: Begin by filing a divorce petition with the appropriate California court.

2. Attempt to locate your husband: Demonstrate to the court that you have made a genuine effort to locate your husband. This can include contacting his friends, family, employer, or last known address.

3. Request alternative service: If you are unable to locate him, file a motion with the court requesting permission to serve him by alternative means. This motion should detail your efforts to locate your husband and propose an alternative method of service.

4. Alternative service methods: The court may allow you to serve your husband through various methods, such as:

- Publication in a newspaper

- Posting a notice at his last known address

- Serving a close family member or friend

- Sending the documents by certified mail to his last known address

5. Wait for a response: After serving your husband by the court-approved alternative method, he will have a certain amount of time to respond to the divorce petition. If he fails to respond, you can proceed with a default divorce.

It's highly recommended that you consult with a family law attorney who can guide you through the process, help you gather the necessary documentation, and represent your interests in court. They can also advise you on the specific requirements for alternative service in your county.

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