How can I find out if my wife filed for divorce? 11 Answers as of December 29, 2011

My wife wants a divorce. How can I find on the computer if she filed in our county and if I will be served. We both live in the same home with our 3 children. Can she serve a restraining order?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can go on your county's Superior Court website, and go to the case inquiry heading to see if your county provides access to case information based only on the names of the parties. If it doesn't, you would have to go to the Superior Court(s) where your wife might have filed a divorce case, and search its records, day-by-day, to try to find out whether she filed a divorce case, but that could be like searching for a needle in a haystack - a laborious time-consuming job for something that might not exist. Your wife cannot validly serve any papers on you in any case in which she is a party. Process service must be done by a non-party over the age of 18 years.
Answer Applies to: California
Replied: 12/29/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Divorce filings are public record. Many, but not all counties, have a public record search available online, but you can always go to the courthouse and search the records directly. As for a restraining order, she can seek a restraining order and a residence exclusion order (also known as a kick out order) if there are sufficient grounds.
Answer Applies to: California
Replied: 12/28/2011
Law Offices of Frances Headley | Frances Headley
Depending upon what county you live in you may be able to check on line to see if an action has been filed. If the county does not post their documents then you will have to go into the court and ask if anything has been filed. They will not have any information about service. Whether or not there are any grounds for a restraining order depends upon the circumstances of your case, you should consult a family law attorney for assistance.
Answer Applies to: California
Replied: 12/28/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should go to the family law clerks office and have them look in their data to see if she filed. If your county has pleadings on line, then go to the county clerks page for divorces and see if you are listed.
Answer Applies to: California
Replied: 12/27/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can search the County Family Court website. This information if public record and you should be able to find it on line by your name or her name.
Answer Applies to: California
Replied: 12/27/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Several counties allow for searching of family law cases with either a case number or first/last name. Go to the web site for your local court and do a name search to see if a case has been filed yet. And yes, she can seek a restraining order, but needs to have proper grounds to do so.
    Answer Applies to: California
    Replied: 12/27/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    The courthouses have computers on which you can search your name. In order to receive a restraining order against you, your wife would have to plead good cause why it is necessary and you would have to be notified.
    Answer Applies to: California
    Replied: 12/27/2011
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    You can go to the courthouse and check to see if anything has been filed. Some counties allow you to do this on-line. If she wants a restraining order, someone has to personally serve it on you not her.
    Answer Applies to: California
    Replied: 12/27/2011
    Peyton and Associates | Barbara Peyton
    Check the Superior Court's Index of cases for your county.
    Answer Applies to: California
    Replied: 12/27/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Check on your county's superior court web site. They should have a searching function for your name under new case filings. In San Diego the web site is http://www.sdcourt.ca.gov/portal/page?_pageid=55,1&_dad=portal&_schema=PORTAL She cannot serve you, but she can have someone else serve you. Often with restraining orders it would be a Sheriff.
    Answer Applies to: California
    Replied: 12/27/2011
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