Oakland, CA asked in Divorce for California

Q: I filed my divorce last february 2024, now Im on step 2 but I have no choice to serve it to my husband. What should I do

I have no idea where he lives now, i don’t have nobody to serve it to him. i tried to email it to his mothers address where he always get his mails but when i went back to the county they told me that i have to serve it to him personally and have him sign the paper that he received the documents . What the best thing to do?

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

A: Once he is personally served, you don't need to worry about him signing anything.

https://selfhelp.courts.ca.gov/divorce/start-divorce/serve

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

A: If you cannot locate your husband to serve him the divorce papers personally, you have a few options to consider. First, you can try to find him using any resources you may have, such as reaching out to mutual friends, family members, or searching public records. If that doesn’t work, you might consider hiring a process server or a private investigator to help locate him.

If after making reasonable efforts you still cannot find him, you can ask the court for permission to serve him by an alternative method. This could include service by publication, where the notice of the divorce is published in a newspaper, or other means approved by the court. To do this, you’ll need to file a request for an Order for Publication or another alternative service, explaining to the court what steps you've taken to try to locate him.

Make sure to document all of your efforts to serve him, as the court will want to see that you’ve made genuine attempts to notify him. It can be a frustrating process, but with persistence, you can move forward.

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