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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12365
Experience:  JD, MBA
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Im dating a man that has been separated from his wife in Cali

Customer Question

Im dating a man that has been separated from his wife in Cali for 5 yrs. She left him for another man and took his 4 kids with her. 2 are still under the age of 18 and pays $700/mo in child support for. He waited 3 yrs for her to come back b4 he moved out of state to family/friends. How can we find out if she's applied for divorce, or if we need to do it ourselves? We've checked online and it shows nothing in detail to clarify the results.
Submitted: 2 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the wife filed for divorce, it would almost certainly be in Superior Court in the county where she lives. Accordingly, your husband can contact the court clerk in the applicable Superior Court to ask if a divorce has been filed. Also, even if she had filed, the divorce won't go very far if the wife doesn't have your boyfriend served. Your boyfriend may file for divorce in his own jurisdiction.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.

Can he do the divorce thru an online service?

Expert:  TJ, Esq. replied 2 years ago.
Hi again.

I'm not sure what you mean by "online service." What would the online service do?
Customer: replied 2 years ago.

What is the cheapest route we can take to resolve and dissolve this situation? Can we use the cheap online divorce papers?

Customer: replied 2 years ago.

He doesn't know where she is or if she's remarried or anything. They haven't had verbal or physical contact in more than 5 yrs. We don't know what direction to go or where to get cheap help to resolve/dissolve this union of theirs.

Expert:  TJ, Esq. replied 2 years ago.

Hi again.

The cheapest route would be for your boyfriend to file for the divorce himself without an attorney in his own local court. Obviously, there is some risk taking that approach since he is not an attorney and is inexperienced. Having said that, there are plenty of people who are successful in getting a divorce themselves without an attorney. He should visit the local court clerk to see if they have any forms or examples to use ... some do and some don't.

I'm not sure what cheap online divorce papers you're referring to, so I can't say whether he can use them. If they're correct, then he can use them, but if they are not the correct papers then he cannot use them. Can you be more specific about which papers you're referring to?

If your boyfriend files for the divorce, then he'll need to have his wife served with a summons and the complaint. However, it's likely that he can serve her via publication (i.e., taking an ad out in the local paper) if he cannot find her. The court clerk should be able to help with regard to instructions for getting service by publication.

Thank you.

Customer: replied 2 years ago.

If our Texas County Court Clerk files here is that legal for California. Or do you mean the last known residence county he last saw her living in?

Expert:  TJ, Esq. replied 2 years ago.
Hi again.
If he cannot find her, then he would serve by publication in his own county, not in the wife's last known county of residence. As for the divorce itself, if it's done properly in Texas, then it must be recognized by California.
Customer: replied 2 years ago.

Thank you so much. Have a nice night :)

Expert:  TJ, Esq. replied 2 years ago.
You are quite welcome. I wish your boyfriend luck in getting this resolved.
Thank you for using our service, and please remember to leave positive feedback.
Customer: replied 2 years ago.

Wait a minute. How can there be a child support judgment w/o a divorce decree?

Customer: replied 2 years ago.

Why is my guy paying $700./mo. if there's no degree or signatures speculating to that fact? He was never served a notification or signed anything regering to the fact. It was just auto-deduct. How is this legal if there's no judgment?

Expert:  TJ, Esq. replied 2 years ago.
Hi again.
There doesn't have to be a divorce in order to get a court order for child support.