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My son is divorcing his wife and has a team helping him with

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the paperwork. The don't...
My son is divorcing his wife and has a team helping him with the paperwork. The don't, however, know answers to some legal questions he has. His wife abandoned him and went back to the Philippines. She does not respond to him when he emails her. The papers have been sent to her for signature a while age but she is not responding. What can my son do to get her to sign if she is not responding so the divorce can be finalized?
Submitted: 1 year ago.Category: Legal
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9/27/2016
Lawyer: LegalKnowledge, Attorney replied 1 year ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,494
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Lawyer: LegalKnowledge, Attorney replied 1 year ago

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:

  • searching the phone book and directory assistance in the area where he or she lives;
  • searching the phone book and directory assistance in the area where the missing spouse is last known to have lived;
  • asking friends and relatives who know where the missing spouse might be;
  • checking the post office where the missing spouse last lived for information about a forwarding address;
  • checking records of the tax collector and property assessor to see if the missing spouse owns property;
  • contacting the California Department of Motor Vehicles for auto registrations;
  • contacting landlords and prior employers;
  • checking with the registrar of voters;
  • using private investigators.

    In order to be eligible for a "Divorce by Publication", you must complete and submit an Affidavit of Diligent Search to the court

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Customer reply replied 1 year ago
But his spouse is in the Philippines and cannot be served via publication.
Lawyer: LegalKnowledge, Attorney replied 1 year ago

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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Lawyer: LegalKnowledge, Attorney replied 1 year ago

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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