Hi. I am stumped. How do I divorce by posting if my spouse lives in a foreign country?

This is a CA divorce. I have been unable to make any contact. As requested by the clerk I have sent letters to family and employers. No response. So, the next step will be to post (said the clerk).

Am I simply tracking down an English language paper in the country where she lives?

Also, do I need to see the clerk/judge to determine exactly what my posting needs to state? And will those guidelines change for an international paper?

Thanks.

You don't divorce by posting. Posting is used to notify the other party of the divorce action to give them a chance to respond. So the notice needs to include the court and docket information. You need to post in a local newspaper where he was last known to be. Newspapers do this all the time, so they will know how to word it. Just ask for the department of legal notices.

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Originally Posted by ScottGem

.... You need to post in a local newspaper where he was last known to be. Newspapers do this all the time, so they will know how to word it. Just ask for the department of legal notices.

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No, before one attempts notice by publication, it is necessary to get court approval to publish.

OP needs to file an affidavit of diligent inquiry with the court (explaining what efforts have been made to locate the defendant), together with a motion to allow service by publication.

I would put the text of notice to be published in the motion. That way, the court will approve what it says, along with when and where it is to be published. Better to do that than later be told you did it wrong an have to do it all over.

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Originally Posted by AK lawyer

No, before one attempts notice by publication, it is necessary to get court approval to publish.

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The OP stated she was told by the court clerk that the next step was publication. I assumed she was told that she needs court approval before placing the notice.

Thank you. Very helpful. Just what I needed.