In our previous video we discussed that if you are not able to locate your missing spouse, and you have done a sincere effort to locate your spouse, you can ask the court to grant an order for publication if you can afford to pay the fee to publish the documents in a local newspaper, if not you will have to ask the court to grand an order for posting.
There are three steps required for publication:
Step 1. You will take the approved court order, Form Fl-982 to the approved newspaper for publication and pay the fee to publish the summons (Family law Form Fl-110), if you have children, the Summons Uniform Parentage-Petition for Custody and Support (Form Fl-210) for at least once a week for four successive weeks.
Step 2. After the newspaper publication is complete, the newspaper will send you a declaration or affidavit of publication and a copy of the publication notice that appeared in the newspaper. You must file this declaration or affidavit of publication with the court clerk if it has not been filed by the newspaper. Make sure you make a copy for yourself.
Step 3. Service by publication is complete at the end of 28th day of publication in the newspaper. If no response has been filed by your missing spouse, you may file a Request to Enter Default (CA Family law form FL-165) starting on the 59th day after the first day of publication.
There are 5 steps required for posting:
Step 1. You must have someone, 18 years of age or older and not the party a party to the case, post a copu of the Order for Publication and Posting (Family Law Form FL-982) and all documents described in step for the publication order at the court-ordered location leaving it posted for 28 days in a row.
Step 2. You must have someone, 18 years of age or older and not the party a party to the case, mail the order of publication or posting Family law form FL-982 and the documents described in Step one for the publication order to your spouse last known address. The server may use Proof of Service by Mail (Family Law form Fl-335).
Step 3. The person or server who post and/or mails these documents must complete and file a declaration under penalty of perjury of such proof of posting. The server may use Proof of Service of Posting form (Family law form FL-985).
Step 4. Service by posting is complete at the end of the 28th day of posting. If no Response has been filed by your missing spouse, you may file a request to enter a default (Form FL-165) on the 59th day after the first day of posting.
If during the time of publication or posting, you locate your missing spouse address, you must have someone (not you) 18 years of age or older mail this order and all documents described in Step one to your spouse. The server may use Proof of Service by Mail (Family Law form Fl-335).
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