Is divorce by publication allowed in California?

Answer 1

In most states you have the option to file a "divorce by publication." Here is the basic steps.

1. Go to your local newspaper and put a divorce notice ad in the classified section. 2. Mail the divorce notice to the last known address of your spouse. 3. Wait 30 days and get a letter from the newspaper stating that the ad was posted for 30 days. 4. If your spouse no longer lives at the last known address the divorce notice will come back undeliverable. 5. Take your noncontested divorce papers with the letter from the newspaper and the undelivered notice and go to your local courthouse and file a "divorce by publication."

There are more steps and more forms to this process. But these are the main ones. Research more about this topic on the net or contact an attorney.

AnswerThe petitioning spouse's attorney (or the individual)files a motion for default and(in some states an order of default at the same time). A default hearing will be held in which the filing spouse will give oral testimony as to the facts cited in the dissolution of marriage petition. The judge will then rule accordingly, if the divorce is granted (and it almost always will be) a copy of the default judgment and the final divorce decree will be sent to the non-responding party. When a default judgment is entered, the non-responding party loses their option for amending or contesting the action and issues (such as custody, property rights, etc) unless they can prove they were not properly served in accordance with the state laws. The issue of a notification in a newspaper only pertains to a "missing spouse", not to someone whose location is known.