Getting a divorce when a spouse is missing

Paso Robles Daily News
3 min readMay 9, 2024

-Divorce is rarely easy and becomes even more stressful when one party can’t be found and notified about the divorce proceedings. We Help You Legal, assisting individuals with San Luis Obispo County divorce documents has some tips to help locate and serve missing spouses.

In California, like in many other states, divorce procedures typically involve notifying the other party of the proceedings. But, what happens when the spouse can’t be found? What happens when all the normal efforts have been exhausted? Mutual friends, family members, and professional and personal acquaintances don’t know where the spouse is. Social media and online searches haven’t been fruitful. There’s the potential to hire a private investigator, but that’s not always an affordable option.

We Help You Legal can assist with completing the legal documents that are required for a divorce in San Luis Obispo or anywhere in California when all of the efforts to locate the spouse have been made.

If all efforts to locate the spouse have been exhausted, and they haven’t responded to the legal notices, the petitioner can request a default judgment. This means that the court can grant the divorce based on the petition alone, as the spouse has not participated in the proceedings. However, it’s crucial to adhere to all legal requirements and procedures to avoid any complications.

Property Division and Child Custody

During a divorce where one party is missing, property division and child custody can be challenging issues. The court will make decisions based on the available information and what is deemed in the best interest of any children involved. It’s essential to provide comprehensive documentation and evidence to support the claims.

In California, an individual can file for divorce and complete all of the necessary documents to petition for a divorce, including in the case of a missing spouse. Thousands of Californians file and complete their divorces every year without hiring an attorney. Many, however, because of their work and family schedules find themselves short of time to accurately complete the required legal documents and file them on time with the court.

We Help You Legal has been assisting individuals with legal documents since 2001, helping to make sure that all documents are completed accurately and on time. The legal document assistance services provided include estate planning, wills, living trusts, adoptions, legal separations, annulments, and divorces. With offices in San Luis Obispo, Paso Robles, or anywhere in California the staff is available to assist at their clients’ convenience.

We Help You Legal is a “self-help” legal document assistance company that provides document preparation without the high cost of an attorney. We Help You Legal, Inc. is not a law firm. We cannot represent you in court, advise you about your legal rights or the law, or select forms for you.

We Help You Legal, Inc.
3594 Broad St #100
San Luis Obispo, CA 93401
(805) 221–7300

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