How can I divorce my husband who was deported and has no contact?

Full question:

My husband left town, possibly the country, he was deported, about 10 years ago. How can I divorce him? He has never made an attempt to contact me.

  • Category: Divorce
  • Subcategory: Where to File
  • Date:
  • State: California

Answer:

To file for divorce, at least one spouse must have lived in the state for six months and in the county for three months. You need to file a petition with the clerk of the superior court in your county. After that, the court will issue a summons, which is a document stating that you are filing for divorce.

You must then have someone who is 18 years or older deliver copies of the summons and petition to your husband. If you cannot locate him, the judge may allow an alternative method of notification. According to Section 413.30 of the California Code of Civil Procedure, the court can direct that the summons be served in a way that is reasonably likely to give actual notice to your spouse, and you must provide proof of this service as required by the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your husband wants a divorce but you do not, you can express your feelings and attempt to negotiate. However, if he proceeds with filing for divorce, you cannot prevent it. You can respond to the divorce petition and participate in the proceedings to protect your interests. Consider seeking legal advice to understand your rights and options.