I have been legally separated in California for almost 16 years. Now I want to divorce but have had no contact with the husband for several years....I hear he is homeless and wandering the streets. I want to stop paying for his social security as am retired and can't afford it. Is there a way to divorce without his signature?
Country relating to Question: United States
State (if USA): California
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. Yes, indeed there is a way to divorce in this situation. First, you have to understand how divorce works. When you file for divorce, it is like filing for a lawsuit. You serve the other party, and then they have a limited time to respond (in CA, that is 30 days). If they file an answer in time, then the Court makes the final decision as to property and asset division and all other things at final trial down the line.Alternatively, they and you can just come to an agreed decision as to the split, and the Court will sign off on your decision.If they do not answer in time, they default, and you can ask for whatever you wish in a default judgment from the Court.Here, you cannot even serve him, because you do not know where he is. Therefore, you can request what is known as a "substitute service." This is available for serving an elusive individual defendant who cannot be served at his or her home or place of work and/or generally cannot be found.After an attempt at service, you would then file a declaration of due diligence with the proof of attempted service with the Court (Civil Procedure §415.20(b)) with the Court and ask for substituted service. Then the Court will allow you to serve him via newsletter, court-wall, etc.Once this is done, and he does not answer in 30 days and defaults, then you get the default judgment from the Court and the divorce is granted on your terms.Due to the nuances involved with this procedure, an attorney is recommended:http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx...the attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
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