Can I get a divorce if I do not know where my husband is? 5 Answers as of March 30, 2011

My husband up and left in the middle of the night about 8 months ago. I've spoken with his sister who says that he is fine, but he does not want anything to do with me and she will not tell me his new phone number or address. I've given up hope and want to get a divorce. How do I do this without having any means of contacting him?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
After you file for divorce, you could request that he "accept service" of the documents. You could send them to his sister and request that he sign what is called a Notice and Acknowledgement of Receipt. Please contact our office if you wish to discuss your individual case with us.
Answer Applies to: California
Replied: 3/30/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You will need to make certain attempts to find him and then get an order from the court allowing you to effect Service by alternate means. Once you have served him, he will likely default and you will be able to finish your case without him.
Answer Applies to: California
Replied: 3/30/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your husband would have to be served with process in a divorce case. You would best retain an experienced Family Law Attorney to handle your divorce case. A knowledgeable attorney will know howto have a due diligence search performed in an effort to locate and serve your husband, and to obtain an Order for Publication of Summons to enable your husband to be provided constructive notice of the case.
Answer Applies to: California
Replied: 3/28/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can file a divorce petition and related papers with the court, even without knowing your husband's whereabouts. After opening a case with the court, you need to have your husband "served" with the court-filed petition, summons, and other papers you may initially file, such as custody or property requests. If you can't determine your husband's location (after what the court determines a diligent search has been made), you can request a court order to serve your husband by "publication." If 30 days after your husband is "served" (whether by publication or other means), he doesn't respond, then you can take his "default". and finish your case by "default." Serving someone by publication is a somewhat complex process. Best to consult with a local family law lawyer. You can also seek free assistance from the court's self-help center. You can find that info on the court's website. Good luck.
Answer Applies to: California
Replied: 3/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Yes, it is possible. Service can be accomplished by publication if necessary. If you are looking for an attorney to assist you, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/28/2011
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