How do a file a divorce if my spouse is a fugitive? 6 Answers as of March 07, 2011

I have been separated for almost 2 years my spouse is a fugitive and I want to file for divorce. How do I do this if I have no address or residence.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Publication in newspaper.
Answer Applies to: California
Replied: 3/7/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It is possible to serve by publication. I would be happy to help you with this. Please contact me for a free consultation.
Answer Applies to: California
Replied: 3/6/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
When a spouse cannot be located for service of process of the Summons, after an application to the court, the Summons may be published in a newspaper for a one month period. The court will then have jurisdiction over the spouse and the case can proceed by default. A spouse can run, hide, and disappear, but the spouse cannot prevent a divorce, in California.
Answer Applies to: California
Replied: 3/4/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You need to get an order from the court allowing you to serve your spouse by "publication." Call if you want specific instructions on the process to obtain such order and complete service by publication.
Answer Applies to: California
Replied: 3/4/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can have your spouse served by Publication after an investigator performs a diligent search in an effort to locate your spouse and submits a Due Diligence Declaration to be used with an application to the Court for an order to permit service by Publication. Experienced Family Law Attorneys are familiar with the process andhave investigators and legal publishers available to handle service by Publication.
Answer Applies to: California
Replied: 3/4/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    You can file a divorce without any problem, your real concern is how do you serve your spouse, who is a fugitive. If you cannot personally serve someone, or serve them by mail in some cases, because there is no address, you may able to serve them by publication. However, you need the court's permission to serve by publication. You should file your divorce petition, and make your best efforts to find out where your spouse is, and then show those efforts to the Judge, and you should be able to then serve by publication, and proceed with the case without knowing where your spouse is.
    Answer Applies to: California
    Replied: 3/4/2011
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