So I married when I was eighteen, several years ago, to whom I have not spoken to in years. Last I heard, they planned on selling their home, so as he does not wish contact with me, I have no idea where he is beyond that it's likely he still lives around Victoria, BC, Canada. It's been long enough, I would like the divorce, but I feel lost and confused about how to go about it when I know he can't come to court, and I have no idea how to serve him/mail him or his relatives papers if I don't know where he is.
You make diligent efforts to serve him, then serve him by publication.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
You may serve a person who resides outside the State of California by First Class Mail, with a return receipt required. Even though he may not live in the same place where he used to, he is responsible to provide a forwarding address. In any event, service of a summons by mail is deemed to be complete, 10-days after the envelope is mailed.
Some financial issues, particularly if you want to obtain your share of a house in Canada, could require you to file a divorce proceeding in Canada.
Available to represent Family Law clients in the Counties of San Bernardino, Los Angeles and Riverside.
File the divorce petition and summons. They attempt service on his last known address. Keep a record on this. If he isn't there, then conduct a search via Internet to try to locate his address and where about. Make all reasonable attempts to mail petition and summons to this address. Keep track of this and any returned mail. Then file a motion with the court requesting an order to publish your petition and summons by publication. Once you publish, then after the proscribed time period, file a Request For Default if he does not respond. Then proceed via default. Suggest you hire an attorney to at least advise you on this.
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