my son is in a California State prison. he married a girl 5 years ago and hasn't seen or heard from her since. How does he go about divorcing her if he can't find her?
divorce from prison
Started by
sholondaj02
, Jan 16 2013 11:32 AM
3 replies to this topic
#2
Ted_from_Texas
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Posted 16 January 2013 - 11:34 AM
His attorney can help him. Tell him to ask about an "ex parte" divorce.
#3
FindLaw_AHK
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Posted 16 January 2013 - 11:38 AM
I agree with the previous poster, your son may want to consult with a local California Family Law Lawyer about an ex parte divorce. An ex parte divorce happens when only one spouse participates in the court proceedings.
#4
pg1067
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Posted 16 January 2013 - 03:38 PM
Tell him to ask about an "ex parte" divorce.
Not sure what you mean by this, but nothing by this name exists in California.
my son is in a California State prison. he married a girl 5 years ago and hasn't seen or heard from her since. How does he go about divorcing her if he can't find her?
The only reason he needs to find her is to serve her with the summons and petition. He obviously can't find her himself because of his incarceration, but that doesn't mean he can't ask someone to find her on his behalf. For example, you probably can do a number of things on his behalf (e.g., call his wife's last known phone number and/or her friends, relatives, and last known employer). You could also hire a private investigator on his behalf. You can also help him find and pay for a lawyer. At the end of the day, if he cannot locate her after having made reasonable efforts to do so, he can apply to the court to serve her by publishing the summons in a newspaper of general circulation. Beyond his inability to do a lot of things for himself because of his incarceration, the process is the same as for anyone.
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