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What state do I file my divorce in and will it be an uncontested divorce?I got a married in Newport News, Virgnia in February 2006. Me and my spouse only lived together for six months. We havent seen or spoken to eacher other since then. I do not know if he divorced me or not, but I would like to submit the papers. I now live in California. and I do not know of his whereabouts. I still have our marriage certificate with his social security number on it. Can I do an order of publication? In what state do I file for divorce in? His home state is Mobile, Alabama. Attorney answers (1)
Reputation Level 14
Answered over 2 years ago.
Divorce / Separation Lawyer in Ontario, CA.
If you can locate him, you and he can resolve your divorce together and peaceful, and move forward as uncontested. If you cannot find him, you will have to ask the court for permission to serve him with notice of the divorce by publication. But first, you will have to show the court that you made a reasonable effort to find him. You will also need to have his last known address. If the matter moves forward without him, it will be resolved and the court will enter a default judgment.
You can file in any state so long as you meet that state's residence requirements for divorce. In California, you must have lived in the state for the last 6 consecutive months and have lived in the county where you file for the last 3 consecutive months. This is not legal advice nor is it intended to create an attorney-client relationship. You should consult an attorney directly to assess and advise you as to your unique situation. Good luck.
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