Legal Question in Family Law in California
Abandonment Law
How do I file for divorce when my spouse has abandoned me and disappeared? He has probably gone back to England but I have no way of reaching him to sign divorce papers. We have been married for 4 years and seperated for 2 years with no children.
1 Answer from Attorneys
Re: Abandonment Law
You can still get your divorce. The service of process is a little different, however. You must first prove to the court that you can't find him to serve him with the divorce papers. Code of Civil Procedure 415.1 to 415.50 is where you start in the law as to how he must be served. There are also some limitations on the types of relief which you can get if you cannot get personal service on him (i.e., you can't have someone hand him the papers), but the court can transfer property into your name, give you custody of children, etc. Good luck.
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