Filing Divorce By Publication

Summary

To file a motion to serve by publication in California, submit an affidavit detailing efforts to locate your spouse, provide evidence like returned mail or attempts to contact, and seek court approval. Use forms FL-980, FL-982, and FL-985, available on the California Courts website. In San Diego, some forms can be e-filed, but others may require in-person submission. Consider including evidence from a sheriffs attempt to serve documents.

Full Conversation

This issue will involve Marriage & Law in the specific state of California.
I'm here to help! To better assist you, could you please provide some more details about your marriage-related issue? Are you seeking information about prenuptial agreements, marriage licenses, spousal support, or another topic?
I'm filing for divorce. How can I file a motion to serve by publication with the court, explaining all efforts made to locate and serve my spouse.
To file a motion to serve by publication in Texas, you need to follow these steps:
- File an Affidavit: You need to file an affidavit with the court detailing the efforts you made to locate and serve your spouse.
- Provide Evidence: Include any evidence of your attempts, like returned mail, attempts to contact through family or friends, or hiring a private investigator.
- Court Approval: Submit your motion and affidavit to the court for approval.
Have you already tried locating your spouse through these methods?
Not the state of Texas. The state of California.
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To file a motion to serve by publication in California, follow these steps:
- File an Affidavit: Detail efforts to locate and serve your spouse.
- Provide Evidence: Include evidence like returned mail, contact attempts, or hiring a private investigator.
- Court Approval: Submit your motion and affidavit to the court for approval.
Have you tried locating your spouse through these methods?
I do have a court fee waiver, if that helps.
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Having a court fee waiver can indeed help reduce the financial burden. Since you're seeking to file a motion to serve by publication in California, the next step would be to gather all your evidence and submit it with your affidavit to the court.
Have you tried contacting your spouse through family, friends, or a private investigator?
Yes I have tried contacting my spouse. She was incarcerated after we split up.
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It's great to know you've tried contacting your spouse. Since she's incarcerated, you may need to provide this information to the court as part of your motion. This could be crucial in your case.
Would you like more specific information about the process, or any other aspect of your case?
She's been released, but she does not want to talk to me. I don't want to talk to her either.
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It seems like you have made significant efforts to locate your spouse and you have a court fee waiver, which can help you in the process. Since your spouse has been released but doesn't want to talk to you, you should include this information in your affidavit and motion to the court.
You should also consider the following steps:
- Detail Efforts: Clearly explain all the steps you've taken to locate and contact your spouse.
- Provide Evidence: Include any documentation that supports your efforts.
- Court Submission: Submit your motion and affidavit to the court for approval.
Would you like more specific guidance on preparing your affidavit and motion to the court?
Which form do I need to fill out and submit the affidavit?
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To file a motion to serve by publication in California, you will need to fill out the following forms:
- FL-*: Request to Serve by Publication or Posting
- FL-*: Order for Publication or Posting
- FL-*: Proof of Service by Publication or Posting
Ensure you provide all necessary details and evidence of your efforts to locate your spouse. Would you like more detailed information on filling out these forms?
Yes. Can these forms be submitted electronically through the Superior Court of San Diego, California? Or do they have to be hand written?
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In San Diego, California, you can submit certain family law forms electronically through the court's e-filing system. However, some documents might still require in-person submission.
Would you like more information on the e-filing process for the Superior Court of San Diego?
Yes. Show me where I can obtain those * forms.
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You can obtain the forms you need from the California Courts website. Here are the links to the specific forms:
- [FL-*: Request to Serve by Publication or Posting](https://www.courts.ca.gov/documents/fl980.pdf)
- [FL-*: Order for Publication or Posting](https://www.courts.ca.gov/documents/fl982.pdf)
- [FL-*: Proof of Service by Publication or Posting](https://www.courts.ca.gov/documents/fl985.pdf)
For detailed information on the e-filing process, you can visit the Superior Court of San Diego's official website.
I'm going to submit these via postage mail to the court.
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Your plan to submit the forms via postage mail to the court sounds good. Ensure you include all required documents and evidence. If you need more assistance, feel free to ask. Good luck with your case!
Thank you! I think I already have enough evidence. I've even got evidence from a sheriff attempting to serve her these documents physically.
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It sounds like you already have substantial evidence to support your motion to serve by publication. Just make sure to include all your documentation and follow the court's instructions carefully.
Would you like any further assistance or specific guidance on this matter?