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looking4him · Apr 9, 2009, 09:52 PM

I live in California and last I knew he lives in virginia. He moved back to virginia almost 20 years ago. I have not seen him since then. I have contacted 2 family members who has not heard from him either. I need to file for divorce by publication. Can I do this myself? How long does a divorce by publication take?

cadillac59 · Apr 10, 2009, 09:23 AM

Originally Posted by looking4him

i live in california and last i knew he lives in virginia. he moved back to virginia almost 20 years ago. i have not seen him since then. i have contacted 2 family members who has not heard from him either. i need to file for divorce by publication. can i do this myself? how long does a divorce by publication take?

There is no such thing as "divorce by publication" so drop that phrase from your vocabulary. There is, however, service by publication and that may well be the way you have to go about having the summons and petition for dissolution served (we don't technically use the term "divorce" any longer in California, it's "dissolution of marriage").

You file the petition for dissolution and summons with the court and pay the filing fee, which is now $350. You will then need to hire a good process server that can do skip tracing, or some careful investigation to try to locate your husband to have him personally served the paperwork (private investigators often are hired to do this). If your husband cannot be found, the process server or investigator will prepare a declaration for you to use to apply to the court for an order for publication of summons (you can only serve the paperwork by publication if a judge signs an order authorizing you to do so--if you publish the notice without the order you will be wasting your time and spending a lot of your money for nothing). Once the judge signs the order, you will have to locate a newspaper, usually in the locality where your husband was last known to reside, and pay for the ad to run for a 30-day period. The newspaper will give you a proof of service that you can file with the court once the ad runs the requisite time . You then let another 30 days run for your husband to file a Response and when he fails to do so you file a request for entry of default along with the paperwork for entry of a default judgment.

Service by publication can be expensive (a client of mine paid $1,600 a few years ago to run the notice in an El Paso newspaper) so be forewarned. Plus there are the process server fees. Plus attorney fees if you hire a lawyer (you will need to unless you want to get the help of the family law facilitators office at your local courthouse).

The whole process can take some time but I would expect a minimum of about 6 months to have all this done (besides, there is a 6 month waiting period in CA commencing the earliest of either the date the summons and petition are served or the date a Response is filed which must run before the court can enter a judgment dissolving your marriage).

JudyKayTee · Apr 10, 2009, 01:21 PM

In my area the newspaper also has to be recognized by the Court (including newspapers in other areas of the Country). You can't just pick a newspaper and run the notice.

Excellent post, Cadillac - excellent.

cadillac59 · Apr 10, 2009, 05:44 PM

Originally Posted by JudyKayTee

In my area the newspaper also has to be recognized by the Court (including newspapers in other areas of the Country). You can't just pick a newspaper and run the notice.

Excellent post, Cadillac - excellent.

Thanks for your comments.

You made a very good point about selection of the newspapers. When you submit the Application for Order for Publication of Summons you are suppose to state in the application which newspaper you wish to use. Then when the court issues the order it will state which newspaper is to be used. You can propose any paper you want, and some people propose the smallest paper in the appropriate area because they will typically charge less than the mainline papers. But yes, very good point, the paper to be used needs to be designated in the application and order.

poobear_29845 · Jun 15, 2010, 04:49 PM

How many days after divorce by publication u have to wait in order to submit our letter to perceed to court? How many days after the letter has been properly receive by the court u have to wait for final divorce papers.

JudyKayTee · Jun 15, 2010, 06:51 PM

The Order allowing you to serve by publication will cover the time frame; you don't get an automatic divorce. You still have to prove up your case.

sdsash · Aug 28, 2010, 01:31 PM

I actually have a question Cadillac. My "order by publication" was completed yesterday, and someone told me that the default papers take 30 days, but my dissolution of marriage isn't official until 6 MONTHS from yesterday. This seems really extreme and long! Does that sound right to you?

cdad · Aug 28, 2010, 01:39 PM

Originally Posted by sdsash

I actually have a question Cadillac. My "order by publication" was completed yesterday, and someone told me that the default papers take 30 days, but my dissolution of marriage isnt official until 6 MONTHS from yesterday. this seems really extreme and long! does that sound right to you?

Is this in a California court? Part of the reason is so it leaves the opportunity to be contested. That is why its taking so long. From what your saying the other party has no knowlage of this whole proceeding correct?

Also what State is this happening in ?

sdsash · Aug 28, 2010, 01:44 PM

Yes, this is a California Court. I hired a lawyer thinking that it would speed up the process. Its been 2 years and 3 months that I have been waiting... we had no children, no joint accounts, property, assets. Nothing. He has no knowledge that I am divorcing him, but we haven't seen or spoken in 7 years. 3 of which I've been "filed for divorce." I have a hard time believing that this really has to continue even longer!

cdad · Aug 28, 2010, 01:48 PM

Originally Posted by sdsash

Yes, this is a California Court. I hired a lawyer thinking that it would speed up the process. its been 2 years and 3 months that I have been waiting.....we had no children, no joint accounts, property, assets. nothing. he has no knowledge that i am divorcing him, but we havent seen or spoken in 7 years. 3 of which ive been "filed for divorce." i have a hard time believing that this really has to continue even longer!!

You need to try to understand the process. In California it takes 6 months after separation to get a divorce. But since the other party has no knowlage of it. It extends the time. The most important factor is that it is already done. So now its just a little longer and its totally official.

sdsash · Aug 28, 2010, 01:53 PM

Originally Posted by califdadof3

You need to try to understand the process. In California it takes 6 months after seperation to get a divorce. But since the other party has no knowlage of it. It extends the time period. The most important factor is that it is already done. So now its just alittle longer and its totally official.

Well, that sucks to hear. Thanks for the info though! Oh one more question, is it 6 months exactly? OR anytime within a 6 month period?

cdad · Aug 28, 2010, 02:10 PM

6 months or more is the actual number. So the 6 months is the minimum number.

kimalee · May 8, 2012, 04:11 PM

How do I word it to put in the newspapers? Where can u do the newspaper and if he's lives in another state. Can't respond

JudyKayTee · May 8, 2012, 04:43 PM

The Court will direct you how to publish, where to publish, the wording.

The notice MUST conform to the law.