Check out some similar questions!

AmberRain · Nov 23, 2008, 11:57 AM

I was married in Nevada and later became a victim of regular domestic violence from my husband. In June 2008, my husband was arrested for domestic violence and he never showed up for the trial against him. There is a warrant out for his arrest, but I have no idea where he is. I am now residing in California with my family and want to file for divorce. I have very limited financial resources and honestly have no idea where to begin. Can you help?

cadillac59 · Nov 23, 2008, 01:37 PM

Every county has a family law facilitator's office, usually located at the court house where family law matters are heard. They provide free help in filling out the forms for a divorce and helping you apply for a fee waiver if you qualify. If you have no money, start there. They do not provide legal representation, only help with you representing yourself. We have a 6 months- in California/3 months- in the county in which you file residency requirement for dissolutions but there are ways around the rule if you just arrived in the state. I'll be glad to tell you how it works if you're interested.

div2wice · Nov 24, 2008, 08:57 PM

As the other answer said, some courts have the low cost or free legal help. I'm sure in some situations they are incredibly helpful, but in mine (and I've heard others say the same) they often blow you off and tell you to get a lawyer, or give you the most ridiculous run around.
If they do not help you, you will need to get divorce papers from the courthouse, they may charge a fee. If you feel comfortable completing these yourself, then do so. You would then place a Notice of Publication in your local newspaper, contact your courthouse to see which ones they accept/recommend. This has to run for 30 days and is considered you "serving your spouse". You will return the divorce papers along with proof of this Notice you ran in the paper, to the courthouse, and file the papers. Your spouse will usually be given 30 days to respond, if he doesn't then the divorce will most likely be granted by default.

cadillac59 · Nov 24, 2008, 10:42 PM

Originally Posted by div2wice

As the other answer said, some courts have the low cost or free legal help. I'm sure in some situations they are incredibly helpful, but in mine (and I've heard others say the same) they often blow you off and tell you to get a lawyer, or give you the most ridiculous run around.
If they do not help you, you will need to get divorce papers from the courthouse, they may charge a fee. If you feel comfortable completing these yourself, then do so. You would then place a Notice of Publication in your local newspaper, contact your courthouse to see which ones they accept/recommend. This has to run for 30 days and is considered you "serving your spouse". You will return the divorce papers along with proof of this Notice you ran in the paper, to the courthouse, and file the papers. Your spouse will usually be given 30 days to respond, if he doesn't then the divorce will most likely be granted by default.

In California you cannot serve by publication unless you obtain an order of the court allowing you to do so first. You have to explain to the court why you cannot serve by personal or other means.

If you simply serve by publication without the order allowing you to do so your service will be invalid and you will have wasted a lot of money.