I would like to place an ad in san diego paper to divorce my wife legally separated since 1988 do not know of her location but knows she resides somewhere in san diego, have proof she received papers in 2001 but no response since

Wow, what a long time to be legally separated! Must be terrible to be in limbo for that amount of time. Yes, I believe you can place an ad in the paper to divorce her, if you do not know her whereabouts. It is best to perform it legally through an attorney's office.

If you check with an attorney in your area, it is likely that publishing in the san diego paper for the required time should be legal notice and you can get your divorce.

We have proof of divoce papers with her signature but some how were not filed in court by paralegal how can she still get away with not setting free of a husband legally separated since 1988

Motion the court for divorce by providing the document you have, explain to the court that the paralegal forgot to file 2001, if she has received the paper in 2001, than the judge should rule on the case at hand.

We paid a lot of money to a paralegal 600/00 we have certified return receipt that she received and signed
My understanding was she had 30 days to respond also paralegal did not file papers in court and now wants 150.oo to refile why can't we just go in front of a judge with our proof
She is holding out because of large inheirentance on husbands side

I donno. But it must be very difficult for you. Maybe you can skip the expense of seeking legal representation and ask the clerks office why it hasn't been filed? That maybe a good place to start. Instead of going full circle again. If you already have her signature on the divorce papers, I don't see why it wasn't filed.I would ask them. And see what the hold up is about. You have been in limbo long enough. I wonder, since so much time has elapsed- if you have to start all over again? It doesn't cost anything to ask the clerk's office. And maybe they can give you a plan of action. But please, make sure to follow through this either way and get yourself free from limbo.

We have receipt certified mail that she received papers by her signature

Courts require things to be done very specific, as in the newspaper issue, the wording, even the size of the print is determined by the court. If you don't follow their exact rules the way your local court wants it done they will often not accept the motions.

And while I know it seems like a lot of money in the real aspect of things, it is not that bad and remember a para legal is not an attorney, they only fill out the paper work you tell them to and they cannot by law make legal advice and tell you what to do.

When this happened, it was your job to know what to do, and tell the para legal what to do when all this happened, This is the differnece between a para legal, they mrely fill out the paper work and you are suppose to do the filings and the such.

So if you don't know what the court policy and procedure is for your area, you really need an attorney not a paralegal.

You can take the paperwork to the court clerk and ask them to file it, that may be all that needs to be done, but this only then covers the notice, you have to actually make the motion for divorce also if that has not been filed.

Link to California family code regarding divorce, may help ou inderstand the procedure.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2330-2348

If you have proof that she received the papers you speak of in 2001 but never responded then why didn't the judge grant a divorce by default? Draft up another set of papers to be served on her, with the stipulation that, if she doesn't respond, then the divorce will be granted by default.

Don, it's been 5 years. There maybe a statute of limitations. I would check with mr. yet's suggestion for verification in your state. Or seek legal representation.