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. A form called a petition must be filed with the clerk of the superior court in the county where the person who files lives. A summons must then be issued by the court. The summons is a paper stating that one spouse is filing for divorce. The person filing for divorce must have someone who is 18 years or older personally deliver copies of all papers of the summons and the petition to his or her spouse. If the spouse cannot be located, the judge may approve an alternative way to notify the person.
Section 413.30 of the California Code of Civil Procedure provides: Where no provision is made in this chapter or other law for the service of summons, the court in which the action is pending may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service be made as prescribed 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.
