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Divorce and Marriage Law
California

Is divorce by publication allowed in California?

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2011-10-20 16:58:09
2011-10-20 16:58:09

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.
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Yes, divorce by publication is allowed in New Jersey after you attempt to locate the other party and fail to do so. You need to provide proof that you have attemted to locate him at his last known address. Example; certified mail never received and returned to sender

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Look for previous publication of divorce and copy that.

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Ask your attorney about service by publication.

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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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When you file your Petition for Divorce, you need to also file an Affidavit swearing you've tried to find your spouse but have been unable to, and don't know where he/she is. Pay the extra fee to the clerk to have the spouse served by publication.

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No, there is a divorce by default as long one spouse is served. Also see a California divorce Attorney- www.california-familylawyers.com

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Divorces in California don't necessarily require divorce attorneys as many Californian cases of divorce are easily settled. Divorce attorneys are required only when an agreement has not been reached.


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