How can I proceed with a divorce if I do not know where my husband lives? 5 Answers as of December 28, 2010

We went through separation of property in our legal separation over 3 years ago, and now I want to file for divorce. However, he has moved out of state and I am unaware of his location. Do I need to get in touch with him to move forward with my divorce?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should contact his friends and relatives in an effort to locate him, so that he can be personally served with the divorce papers after they are filed. Do you know what state and/or part of that state he moved to? If you are unable to locate him, you would best hire a competent Family Law Attorney to handle your divorce to get your husband served through publication, which would first require a due diligence search by a qualified third party in an effort to locate your husband before applying for a court order to permit service by publication.
Answer Applies to: California
Replied: 12/28/2010
Saddleback Law Center
Saddleback Law Center | Paris Kalor
You would have to file and serve him by publication. You need to obtain a court order for service by publication.
Answer Applies to: California
Replied: 12/28/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
An investigator can probably find him and if not, then you can still get divorced.
Answer Applies to: California
Replied: 12/27/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You need to make a good faith effort try to get in touch with him. If after a diligent search you cannot locate him, then you can ask the court to serve him by publication. You can research "service by publication" on the web, or go to your local court's self-help center for assistance. Better yet, I would strongly suggest that you contact a local lawyer to get the details on this somewhat complex process. Best of luck.
Answer Applies to: California
Replied: 12/27/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The code requires for him to have personal service. If you do not know his whereabouts, you have to have a special court order that allows you to serve him by a publication.
Answer Applies to: California
Replied: 12/27/2010
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