How can I file for divorce when my husband abandoned me and left the state? 12 Answers as of June 26, 2012

How can I file for divorce in California when my husband abandoned me and left the state. Do I hire someone to serve him papers in another state? What publications do you need to do in the newspaper? Thanks

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you know where your husband is, hire a Process Server in the State and County in which he is living to serve your divorce case on him. It is far less expensive to serve somebody by a Process Server than to go through the necessary steps to obtain service by Publication, and you can't serve your husband by Publication if you can locate him.
Answer Applies to: California
Replied: 6/26/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you know where he is, you should get a process server to serve him your divorce petition.
Answer Applies to: California
Replied: 6/25/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You can file for divorce and have him served out of state or, if you cannot get him physically served, then you can serve by publication. If you are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/25/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
If you know your husband's address, then you can have someone serve him in the other state. Only if you cannot find him to serve will you have to worry about serving by publication.
Answer Applies to: California
Replied: 6/25/2012
Law Offices of Tobie B. Waxman
Law Offices of Tobie B. Waxman | Tobie B. Waxman
Yes, you can hire someone to serve him out-of-state. The purpose of obtaining an order to serve by publication is when you do not know where your spouse is and you have no way of finding out.
Answer Applies to: California
Replied: 6/25/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you know where your husband is, I would recommend that you have him personally served. This is always the best option. If you do not know where he is, and you want to get the divorce in California you can always serve him by publication. You need to get a court order first that you can serve him by publications before you publish it. Most newspapers will know what documents you need, it is usually the summons and petition.
    Answer Applies to: California
    Replied: 6/25/2012
    Attorney At Law | Harry D. Roth
    You file the papers in California. You hire a process server, usually the local sheriff is your best bet, to serve the papers on your soon-to-be-former husband where he lives. If he cannot be located for service, then you can consider service by publication. You must try for personal service first and, if you fail after making a good college try, then you submit a request to the judge for permission to serve by publication. Get help from your Family Law Facilitator in your local Superior Court if you need help.
    Answer Applies to: California
    Replied: 6/25/2012
    Steven Alpers | Steven Alpers
    Normally you have to have him served where he is. Personal service is best and should be tried first. If that fails you can request publication in a newspaper, but you have to show attempts to locate him and serve him before a court will allow service by publication in a newspaper. You have to make that request in writing to the court.
    Answer Applies to: California
    Replied: 6/25/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    You can file the petition. You need to make reasonable effort to locate your husband. This may include an internet search, a phone search, contacting any of his friends or family who know how to contact him. If you have made reasonable efforts to locate your husband and you have been unsuccessful you may proceed with publication. The court has a list of newpapers approved for publication.
    Answer Applies to: California
    Replied: 6/25/2012
    Peyton and Associates | Barbara Peyton
    You go ahead and file your papers. If you can't find him to serve the papers, you can apply to the court to publish the summons and petition and move forward from there. You might need an attorney to get thru this.
    Answer Applies to: California
    Replied: 6/25/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It doesn't matter that your husband left, or where he's located to file a divorce petition. As for serving the petition, the facilitator's office at the courthouse can help you get an order to serve by publication. Or, you can hire a local family law lawyer to help you.
    Answer Applies to: California
    Replied: 6/25/2012
    Law Offices of Frances Headley | Frances Headley
    If you know where he is then you must have him served there. If personal service proves to be impossible, you can apply to the court for permission to serve by publication pursuant to CCP section 415.50.
    Answer Applies to: California
    Replied: 6/25/2012
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