Can I divorce my husband without him knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

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Affidavit of Desertion of Spouse

Sacramento California Affidavit of Desertion of Spouse

Name: Sacramento California Affidavit of Desertion of Spouse
Brand: US Legal Forms
Rating: 4.61 (291 reviews)

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Sacramento

Control #:

US-01651BG

Format:

Instant download

Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. The formal requirements of an affidavit usually are: 1. The identification of the place where the affidavit was taken (i.e., the venue); 2. The signature of the affiant (i.e., the person giving the affidavit); and 3. The certificate evidencing the fact that the affidavit was properly made before a duly authorized officer (i.e. the jurat), which includes the proper authentication by the authorized officer. It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer=s consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. The following form may be used in most jurisdictions if properly completed.

How to fill out Sacramento California Affidavit Of Desertion Of Spouse?

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FAQ

If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse. This is called a Motion to Serve by Publication or Posting.

Process. In general, annulment paperwork includes a petition and a summons and explains why the court should grant the petition. The courts require additional forms if the spouses have children together. You must serve completed, filed paperwork to the other spouse by using one of the methods accepted by California law

Service of divorce papers can also take place by mail so long as your spouse signs a document called a notice and acknowledgement of receipt. Once your spouse signs this document and returns it to your divorce lawyer, service has taken place and the clock starts ticking on your spouse's response.

If you do not know the whereabouts of your spouse or domestic partner in order to properly serve him or her with your filed Summons and Petition (or some other document), you can ask the court for permission to serve your papers "by publication" or "by posting."

You've decided to get a divorce, but there is one small problem. You don't know where your spouse lives. To start a divorce, the court must serve divorce papers on your spouse, and therefore you need to know where they are to achieve that.

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

In California, the only reason a person needs to get a divorce is that the person wants out of the marriage. You do not need your spouse to agree to end the marriage or sign the divorce documents. As long as you meet the legal requirements for a divorce, you can get divorced without your spouse signing any documents.

To end the process, you file a Notice of Revocation of Petition for Summary Dissolution (form FL-830) with the court. This notice invalidates (cancels) the summary dissolution case and the judgment. If you or your spouse still want to get divorced, you can file for a regular divorce.

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Sacramento California Affidavit of Desertion of Spouse

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