How to File for Divorce With a Missing Spouse in California
To begin the divorce process in California, you or your spouse must have lived in California for at least six months and in the county you wish to file in for at least three months. There are two grounds for divorce in California: irreconcilable differences, which is the most commonly used, and incurable insanity, which is very rarely utilized. If your spouse is missing and does not want to be located, you can still file for, and be granted, a divorce.
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Instructions
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Fill out the Petition for Divorce and Summons. The Clerk's office at the Superior Court in your county has these forms. The fees for divorce forms vary from county to county. The Petition asks the court to grant your requests, such as spousal support, child custody and certain marital property. The Summons tells your spouse that you filed for divorce and that they have 30 days to file a Response with the court or a default judgment will be granted. If you have minor children, you will need additional forms from the court.
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Make three copies of each form. One will be served to your spouse and the other two will be kept in your records.
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File the original Petition and Summons with the court.
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Pay the filing fee or request a fee waiver. Check with the court clerk for the appropriate filing fee in your county.
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Make a good faith effort to locate your spouse. Contact friends and relatives of your spouse. Perform an internet search and check the telephone listings in the area where you and your spouse lived. Be sure to check tax records, voter registration filings and the department of motor vehicles for any information on your missing spouse. The court must be satisfied that you made a real attempt to locate your missing spouse but that the results were fruitless.
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File an Ex Parte Application for Publication of Summons. This document asks the court to allow you to serve your spouse by publishing the Summons in the newspaper since you cannot locate them. The court must approve the Ex Parte Application for Publication of Summons, Declaration in Support Thereof, Memorandum of Points and Authorities and Order for Publication of Summons. Once all the documents have been approved, you will be allowed to serve your spouse through publication.
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Publish the Summons in the newspaper. You must publish the Summons in the newspaper at least once a week for four consecutive weeks.
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File a Request to Enter Default Dissolution of Marriage with the court. The court will issue a Default Judgment for divorce in your favor. You will not have to attend court. Your divorce will become final six months after you first notified your spouse of a divorce proceeding through publication of the summons in the newspaper.
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