If your spouse is missing, and you have no idea where to find your spouse, you can serve your divorce papers by publication in a local newspaper or by posting the divorce paper at a family courthouse board. I will be able to explain the exact procedures in our next video. Before you can start with publication or posting, you got to make a diligent effort to locate your missing spouse before asking a court to grant a default divorce.
The court will grant an order for publication or posting only if other methods of service are not possible, and sufficient attempts have been made to locate your missing spouse.
In order to get the court to grant your application for order for publication or posting granted, you need to do following things:
Find the last known address of your spouse
Or ask his friends, family, current and past employers and any unions to find out where your spouse may live
Research your spouse's name on google or any other internet search engine. There are internet services you can use to locate people at very small fee.
If the last known address is a mental or penal institution, ask the person in charge of the institution for current address information, and then contact that address
You will have to submit a written summery of your efforts to the court, listing names of the people you asked and relationship to your spouse, and the dates and results of your inquiries.
If your spouse owned a house, call the tax assessor's office in the county of your spouse last known address, and ask where your spouse may live
Finally follow on any leads on any other leads you can think of, including trade associations, or licensing agencies that may have information.
Make sure that you keep a clean and accurate record of information you collected, so that you are able to show the court that you can't find your spouse and that you entitled to a default divorce.
Once you have done a diligent search for spouse that was not successful to locate him or her, now are going to be able to file for an application for order for publication or posting, in CA it is form FL- 980.
Our next video will explain how to serve your missing spouse by publication or posting. Thank you for your attention.
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Divorce from a Missing Spouse
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