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Good morning. If she can not be found and/or is failing to respond, then he would need to serve her by publication.
Divorce by publication happens "only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the Defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address... "
When the Respondent cannot or will not be found (and, therefore, cannot be served by a Deputy Sheriff or a private process service or by certified mail), the Petitioner must conduct what is termed a "diligent search" followed by Service by Publication. The court permits service by publication only when the Petitioner cannot locate a missing spouse.
California courts require a good faith effort by the Petitioner to prove that he or she has made a genuine search for his or her missing partner. "Service by publication is only available when the Respondent's whereabouts is unknown in spite of diligent effort by the petitioner to find the respondent's address."
In California, a diligent search means the Petitioner must try the following:
In order to be eligible for a "Divorce by Publication", you must complete and submit an Affidavit of Diligent Search to the court
Service by publication is allowed when a situation like this occurs. The court will allow him to publish on her in a periodical, so he can proceed and divorce her. She does not have to read the actually publication, as it is a form of notice which the court will accept.
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