I have police reports, no idea where he is since 2006 ...
I want to be free from this marriage!
Is there a way to have a no hassle divorce?
-Please and thank you-
If you would like to get your marriage dissolved in the State of California, below you shall find the process to get the divorce started:
1. Assuming that you are located in the State of California, in which city and county are you located in?
2. Have you been a California resident for the last six (6) months?
3. Have you been a resident of the county in the State of California that you have been residing in for the
last three (3) months?
4. You will need to fill out, file with the court, and personally serve the opposing party with the following:
1. Petition for Dissolution of Marriage [FL-100];
2. UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together);
3. Summons [FL-110];
4. Declaration of Disclosure [FL-140];
5. Schedule of Assets and Debts [FL-142];
6. Income and Expense Declaration [FL-150];
7. Your last two (2) years of tax returns;
8. Blank Response to Petition for Dissolution of Marriage [FL-120]
9. Blank UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together);
10. Blank Schedule of Assets [FL-142];
11. Blank Income and Expense Declaration [FL-150];
12. Blank Declaration of Disclosure [FL-140];
13. Blank Declaration Regarding Service [FL-141]; and
14. Blank Proof of Service by Mail [FL-335].
5. The documents that need to actually be filed with the court are as follows: Petition [FL-100], Summons [FL-110], UCCJEA [FL-105] (only if you and your spouse have a minor child or minor children together), and the Income and Expense Declaration [FL-150].
6. And when you have your spouse personally served (a non-party at least eighteen years of age must do the personal service for you) with the above-mentioned documents, you need to make sure that you accompany all of that with a Proof of Personal Service [FL-330]. You would need to fill that out, and have that filed with the court. In addition, you would need to fill out and file with the court a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration [FL-141].
7. You would need to locate your husband in order to effectuate personal service of everything mentioned above (basically), You would probably need to hire a Private Investigator to locate your husband, or you can do an internet search or internet searches for your husband, etc.
You file for divorce and then file a motion with the court to have him served by publication because you do not know where he is located. Then you can proceed with your divorce by default. It can be a little difficult to complete the process by yourself, but there are self-help clinics which can assist you and you can easily correct mistakes noted by the court clerks.
You do not need to have your husband participate in the divorce in order for you to divorce him. There is a requirement that he be personally served the divorce papers. This requirement can be waived by the courts if you can prove after due diligence you cannot locate him by any means. It is much easier if you can locate him (google, facebook, contacting friends or family). You will need to explain to the court exactly what steps you have taken to locate him before they grant permission to serve him by publication. Service by publication is a little tricky and I recommend speaking to a lawyer for assistance. This link provides good general info about how to go about the divorce process: http://www.courts.ca.gov/1225.htm
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
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