It always seems that when we actually really need something, we can’t seem to find it. When you’re late for a meeting with the boss, you can’t locate your keys. When the pizza man is at the door you realize you haven’t seen your wallet all day. Well, a man recently approached us with a case where he couldn’t locate something (or someone) he really needed. However, for this man, it wasn’t car keys or a crisp $20 for the pizza boy. He couldn’t find his wife.
He relayed to us that they had married in Las Vegas so he could obtain a green card. But, she disappeared before they could finish going through that process. He has no way to contact or locate her. Here’s his main concern: he now wants to marry “for real”. Of course, he first needs to divorce this M.I.A. wife. His question was whether or not he could file for divorce with claim of abandoned marriage, and how quickly he could get through that process.
First things first: he cannot file for divorce based on spousal abandonment. If he satisfies the residency requirements, he can file for divorce in San Diego County and serve her by publication. Service by publication entails that you publish the Summons or other documentation in a newspaper in the area where your spouse is likely to be. This would require a payment to the newspapers to publish the document. There is also service by posting, where a court clerk posts the Summons or documents in a visible place designated for court notices at the courthouse. To serve by posting, you must qualify for a court fee waiver. This man would then need to file a request for default and then file a default judgement. Still, this is a consuming process, and he should hire a divorce attorney to walk him through it. The soonest he can get a divorce is 6 months after he files.
For more information on divorce and what one should do before filing, please visit our website: http://stanprowse.com/divorce-five-steps-before-filing
Attorney Stan Prowse Blog 