Your Spouse Ghosted: Can They Still Be Served for Divorce?
La Jolla, CA – Filing for divorce in California requires you to wait six months from the date of filing before the case can proceed. The reasons for this are multitude but include the fact that you must notify your spouse of your intentions to dissolve the marriage. Your spouse can be served by a process server, Deputy Sheriff or certified mail, which is the best way to serve, particularly if you two aren’t getting along.
However, what do you do when your spouse ghosted and can’t be found?
Process by Publication
There is a process in California that allows you to notify your spouse of your filing of the divorce by publishing a notice in the newspaper where the person is known to reside.
Getting a judge to agree to this isn’t easy, as you will have to convince the judge, based on sworn declaration, that the other party is unlocatable, even after a diligent search. However, this type of divorce notification can be used if the spouse disappeared completely without leaving a forwarding address.
What is a Diligent Search?
In order to get the judge to agree to service by publication, you need to show in good faith that you have made a genuine search for your missing spouse. A qualified and experienced California family law attorney can advise you on the best avenues to peruse, but these points can give you a general idea of how to proceed when looking to serve a party that can’t be found.
- Directory Searches: Call directory assistance and use internet directories, such as the online White Pages to find any mentions of your spouse or where he or she might have lived recently.
- Ask Around: Contacting friends and relatives of your missing spouse can sometimes uncover a location or at least a clue you can then follow up on.
- Post Office: In many cases, your spouse may have filed a forwarding address. Check at the post office for details.
- California DMV: Auto registrations are another important avenue to pursue when searching for a spouse that doesn’t want to be found.
- Past Employers & Landlords: You should exhaust all possibilities to find your spouse, such as contacting any employers they once had, or landlords.
- Voting Register: Check with the registrar of voters, as they may have critical information on your soon-to-be-ex.
You may be required to hire a private investigator if you cannot locate your spouse by these conventional means, but the judge will decide. Your divorce attorney can help you pursue all angles and follow every lead to locate your spouse for proper service. Once your spouse has been served, your divorce will be able to go ahead as planned.
Don’t file and follow through with your divorce all on your own. Only a California divorce attorney can help you file, serve your spouse, and follow through with the divorce process so that you get the best possible outcome for your case.
Call the experienced attorneys at Griffith, Young, and Lass today, now serving clients in La Jolla, Carlsbad, San Diego, Solana Beach, and San Marcos.
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