I cannot locate my spouse to serve divorce papers

In order to complete the California divorce process, the other party must be provided legal notice of the divorce proceedings. This can be done by 1) voluntary acceptance of the documents, 2) personal service of the documents, or 3) legal publication.

Using Investigator in California Divorce To Locate Spouse

If you have filed a California divorce, cannot find your spouse and you want to go ahead with the process, you may be able to serve them through legal publication. In order for the court to allow one party to serve the other party through legal publication, attempts must be made to find the missing spouse. This is typically done by hiring an investigator (usually approximately $100-$150) to try to find a current address for the missing spouse. The investigator will give a formal report of their investigative results and in many cases, will find a valid address for personal service.

Serving by Publication in Divorce When You Cannot Find Spouse

In some instances the investigator may not be able to find a viable address for service and a spouse cannot be found. At that point, application can be made to the court showing what attempt has been made to find the other party and ask that the court allow the party to be served through publication. This means that the Summons will be published once and week for 4 weeks in a newspaper approved by the court to offer notice to the missing spouse. Service by publication is complete at the end of the 28th day after the first date the document is published in the newspaper. If at any point during the 28 days of publication you find your spouse or partner’s address, you must have someone 18 or older mail a copy of the documents to him or her and file a Proof of Service by Mail (Form FL-335) and return to you to file with the court.

By | 2018-01-20T19:57:09+00:00 January 3rd, 2015|Comments Off on I cannot locate my spouse to serve divorce papers

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.
error: Alert: Content is protected !!