My husband and I have been separated about 2 years now.make it short, he cheated and I'm pretty sure he's still using ton of drugs. I can't find him because I left him when I found out he cheated and he eventually moved out the apt. we were living in with his "friend".
How do I get a divorce if I can't find him? I went ot his only family which is his uncle and they don't know either because they also neglected him due to drugs. I live in CA. How long does it take to divorce to be finalize? Is it simple to get a divorce without a lawyer? I have no kids and we have nothing together really. Do you know if CA have a site to file for divorce online?
I also plan on going out of state soon for school and move on with my life. I been doing nothing stressing and in depression state for quite sometime. After all the paperwork is done, how long until I will receive my court date?? Anybody know? What will the judge ask and how long does the whole court date with judge take? any info would help
2007-09-14 22:48:05 · 18 answers · asked by stacey t 1 in Family & Relationships ➔ Marriage & Divorce
Oh also I don't have any documents like marriage license,his info or an ything. I just of course remember his bday,our wedding day and last known address.
2007-09-14 22:51:47 · update #1
Are all divorces required taken to court?
2007-09-14 22:54:46 · update #2
The law makes provisions for those who cannot find their spouse. Simply call and talk with one of those attorneys, who will explain how it works and what they can do for you.
Divorce Helpline, 800 359-7004.
California law requires a minimum of six months before you can legally be an unmarried person. Generally, all of the paperwork can be completed in much less time. You can, of course, take longer than the six months if you need it. In the vast majority of cases, you do not have to go to court, but it really helps to get expert advice from Divorce Helpline, so that you understand your rights, get help negotiating with your spouse and learn how to avoid the courts
Good luck
2007-09-22 14:15:03 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You can go to Legal Aid for a divorce and they will help you with all the paper work. You should do this right away before you leave California. Another posibility is to get a book from Nolo Press online about getting a divorce in California, I think it is called Do Your Own California Divorce, or something like that. You should only do this if you are good at reading and understanding books and following directions. You don't mention having any children by him or owning real property, so the divorce should be fairly simple. If you cannot find your husband's whereabouts, you will have to publish your complaint, your intentions to divorce in the newspaper. If you get the book and try to start the divorce and run into trouble, you can still go to Legal Aid (look in the phone book for their address and phone and make an appointment) and they will finish things up for you.
You may want to search further for your husband just in case he has changed for the better and you want him back. You would be surprised at how often this kind of happy ending does happen. If you should discover that he is in prison, you can visit him there and try to figure out if he has changed for the better. If you find that he has established a relationship with someone else, then it is unlikely you will get him back. But if you can find him, whatever you discover will help you know in your heart if the marriage is really over or not.
2007-09-22 14:50:19 · answer #2 · answered by Bond girl 4 · 0⤊ 0⤋
OK you dont need all that crap your marriage license is on file in the state you got married in they know you are married. As for a divorce when you file and no you dont need a lawyer unless there is property or money involved that you are worried about him trying for, they will treat it like a bankruptcy publicly filing to allow him a chance to contest or appear in court. Each state has the own rules on how long they wait and how long to finalize but you can get it. As for the court date i hope you dont live in LA or any of the counties with a huge city or it could take a year or better,(unless you are a movie star of course) The judge will ask you your reasons for wanting a divorce and you tell him of your plight the whole thing should take less than an hour and you'll have your decision. Good luck.
2007-09-21 07:08:34 · answer #3 · answered by money72 2 · 0⤊ 0⤋
OK here is what u do, call the court clerks office and ask how u go about a divorce on your own some states call it pro-per, then ask how much to file the divorce. u can get a divorce book at B-Dalton book stores. since there is no kids 90days will be what it takes. now to find him, u can use the last known address u have for him, file the divorce, u have to try to serve him 3 times before u can put it in a newspaper, this takes a 6 week posting after that its a default filing and the judge will grant the divorce. try looking on line for a address for him, even jail records
2007-09-22 14:15:15 · answer #4 · answered by Pearl P 2 · 0⤊ 0⤋
Getting a divorce in California is a PAIN in the neck! I separated in 1994, got on the legal aid waiting list in 1995, finally got a court date for late 1996, and after the 6-month waiting period, my divorce was finalized in 1997.
I don't believe there is any easy way to go quick about it here in Cali. The quickest it can possibly be is at least 6 months! As for not being able to find him, I believe that there are ways you can get a legal ad published so that if he cannot be found that if someone sees it, they can let him know what is going on.
I would recommend at least seeking the advice and services of maybe a paralegal if you can't afford an attorney. There are paralegals who will help with divorces for a fraction of the cost that a lawyer would charge.
Good job for moving on with your life and not getting involved in his drug usage. GOOD LUCK!
2007-09-21 17:10:59 · answer #5 · answered by Debi N 3 · 1⤊ 0⤋
Talk to a lawyer. I think in most states you have to be a resident there for at least 6 months before filing for a divorce, but yours is pretty much a slam dunk. No property, no kids and you don't even know where he is. You can file, I think you might be able to have your atty attempt to contact by letter to last known address and after that, a court date, and a couple of months you are divorced.
2007-09-22 19:14:21 · answer #6 · answered by drewxjacobs 6 · 0⤊ 0⤋
You should be very grateful he is not with you, complete loser he is!!
Don't worry, if you are in Ca.. Go to Courthouse office, and the clerk will guide you on how to get an original marriage certificate from where you married, this is a must!!!. they keep files at County Dept. or go directly to County Dept., pay around $25.00 for the document, this is a must!!!
Ask the clerk also the paperwork that you can complete with the information and file it, you will be required to post a notice of dissolution of marriage in about 3 local newspapers, also send a certified letter to the last address you know from him, the letter will be returned to you, obviously he doesn't live there, then you have this second proof that you tried to let him know about being served to appear.
You received your Court Day and you are to explain the Judge about getting your dissolution or divorce, with proof about your intentions to let him know about the appearance at Court. and it's done!
It takes few months. There's a fee for all paperwork.
Or, just go to an attorney, he does all this, and it;s not very expensive, due to there's nothing to fight for. It's easy, be patient and just do it.
Your freedom is priceless!!!!!!!!!!!
2007-09-22 18:55:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can get a copy of the marriage license yourself. See a lawyer about the divorce. You are going to need a lawyer no matter what because marriage is a contract and you want to break that contract.
All of the information you ask will be explained by the lawyer. Doing anything as important as divorce 'on the cheap' is a bad idea.
2007-09-22 19:18:42 · answer #8 · answered by kathyw 7 · 0⤊ 0⤋
If that doesn't work. His mother won't sign for the certified mail. Then you can put an ad in the legal section of the newspaper for two weeks, giving notice that you have filed for a divorce. That's what you do when you don't know where he lives or where his parents live. Ask your lawyer about that if you have a problem sending the divorce papers to his mother's address.
2016-03-18 06:19:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I suggest getting an attorney. There is free aide if you can't afford one.. You can find him by his social security # if you have it.. If you ever filed taxes together it would be on that..Your marriage license would be on file with the state you were married in..Vital Statistics. A small fee for a copy.. aand yes.. you do need to file for a legal divorce if you had a legal marriage. Court dates etc are all according to time set by the court. Family courts are usually backed up..Just consult an attorney for all the info you need.. He can help.. good luck
2007-09-22 14:20:47 · answer #10 · answered by Joanie 5 · 0⤊ 0⤋