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divorce from prison

4 posts in this topic

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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