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You can proceed with a divorce in California if you cannot locate your spouse by using Service by Publication or Service by Posting. That is, by publishing to summons in a newspaper that serves the location where your spouse is likely to be, or by posting a notice at the courthouse. To do either of these, you have to convince the court that you made a good attempt to locate your spouse first. Both publishing and posting last 28 days. To do posting, you have to qualify for a fee waiver, meaning you have to convince the court you can't afford the costs of publication.

The first source below has detailed instructions for using this type of service. I found this at the second source, which has links to additional information about California divorce and other topics.

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10y ago
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15y ago

You can't finalize a divorce when the spouse hasn't signed. The courts have ways of finding and serving them. Get with your lawyer. If the spouse has totally dropped off the grid, name change etc. then I'm sure the courts can finalize the divorce but they will not divide property etc.

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13y ago

Yes, you can. An attorney or the court clerk can explain that process. The laws make provisions for those situations when the whereabouts of a spouse are unknown. Generally, notice can be sent to their last known address and published in the local newspaper.

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Q: How do you final a divorce if the spouse is missing in California?
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If there is an appeal pending on divorce is the divorce final?

No. The appeal is the answer from your spouse for your filing for divorce. A divorce in CA takes 6 months for a basic no fault divorce and with no other problems. Since CA is a community property state you need to settle all the assests in the marriage. Your divorce isn't final until you get the final signed court papers.


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after one year if the spouse does not answer an ad inthe local newspaper the divorce is final


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If getting a divorce in Pennsylvania can the spouse who provides medical insurance legally terminate the other's medical benefits before the divorce is final when the two are living separately?

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When is a divorce finalized in the state of California from the time the first person served the other or when the other one contests it?

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Are you legally divorced if you were never served and your spouse knew about this?

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