Experienced Bay Area Divorce Attorneys know that sometimes a client cannot find their ex.
It may have been many years since you have been separated and you have lost lost touch with their spouse. You may not know where your spouse is living or have any contact information.
The fact that you cannot locate your spouse often makes it much more difficult to finalize your divorce. This is because the first step in filing for divorce is serving the other person with paperwork. If you cannot locate your spouse, you cannot serve them with paperwork. The failure to serve the other person with paperwork will result in your divorce not going through.
In these situations our recommended first step is typically attempting to find the spouse with the help of a private investigator.
If we cannot find someone’s spouse despite diligent attempts by our private investigator, then we can apply to the Court for a request to serve your spouse by publication. California Code of Civil Procedure §415.50 permits a summons to be served by publication upon demonstration by affidavit that the party cannot be served with reasonable diligence personally, by mail, or by substitute service and that party, and that a cause of action exists against that party, or that a person is a necessary party, or the party claims an interest in real or personal property that is subject to the jurisdiction of the court.
We have found at Gordon Family Law that the Court will grant service by publication only if we have made diligent attempts to locate the person, including hiring a private investigator and sending mail to the last known address.
If you are trying to finalize your divorce and cannot locate your spouse, Contact Amanda at Amanda@gordonfamilylaw.com to learn more information and to see if our offices can help.