Community› The Bump Local Boards› Northern California Babies
Northern California Babies
New Discussion

Legal Question

KellyMarierockstarwifeKellyMarierockstarwife
in Northern California Babies

My mom and stepdad have been split up for over 5 years. when they split they didn't get legally divorced. My mom wants to be divorced by has no idea where he is...

 What can she do? Is there any way to dissolve the marriage without his presense? I'm not sure if it makes a difference, but neither of them have anything of value, no assets and no children together.

 

Report Reply to Post

Re: Legal Question

  • MarksGrrlMarksGrrl

    I'm not 100% sure, but I think she has to draw up and serve papers to his last known address and if he doesn't respond then he doesn't respond.

    I have a friend who has a daughter by a man neither of them have had anything to do with for quite some time (he was abusive), and this is what they had to do to allow her current husband to adopt her daughter.  It's not the same situation, but I would think the process might be similar.

    Good luck to your mom!

    Lilypie Fourth Birthday tickers

    Lilypie First Birthday tickers
    Report Reply
  • RevJGRevJG
    She needs to file a petition for dissolution of marriage.  You can find all of the appropriate forms at www.courtinfo.ca.gov (click on self help).  She will have to serve him at his last known address.  The court will set a hearing and if he doesn't show up she can request that a default judgment be entered.  She may have to show some diligence in trying to find him.  In this internet age people aren't that hard to find anymore.  What county does she live in?  There is probably a self help center at the family law courthouse in her county and there are attorneys there who can assist her with filling out the forms (they won't represent her or appear with her in court).
    Lilypie Third Birthday tickers Lilypie First Birthday tickers
    Report Reply
  • Loading the player...
  • tiki_ttiki_t

    Keep in mind that she can also use a paralegal since there are no asset and no custody issues. That's what I did to end my first marriage. It was $450 for the paralegal to prepare and file my paperwork versus at least 2K in a retainer fee for a lawyer.

    Make sure that the person who prepares her paperwork writes into the agreement that he waves his right to sue for spousal support upon signature. When I had my ex served, he just signed it on the spot, the person serving handed the paperwork back to me, the paralegal filed it and 6 months later I got a judgment in the mail from the courts.



    Lilypie Fifth Birthday tickers
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"