How do I serve family law disclosures when other party is missing, and I have order for publication of summons?

Business 4 views 3 answers
Ex is missing. I have an order that I can publish the summons. It is required that I provide disclosures because I am the Petitioner. How do I go about serving the disclosures if I cannot locate the person?

Attorney Answers

3
Gregory Benton ·
You first need to publish the summons. Then if there is no response you can proceed via default. File your declarations of property both separate and community on the FL-160's, After 30 days, if no response is filed, then file a Request For Default and a default will be entered. Also make sure you file proof of publication with the court. Then file a request for a default prove-up trial at the 6 month time period after service of summons by publication. At the default trial you will need to present evidence as to how the community estate should be divided qually and evidence of any separate property contentions. The court will then issue an order regarding divisions of property and declare that your marriage be dissolved. If this is a true default, then the disclosures will be waived if indeed you file the FL-160's.
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Edna Straus ·
Publish them, too. Please get legal advice.
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Heidi Sue FrankelFamily Law AttorneyIrvine, CACA licensed ·
After you have published the Summons and Petition, you may be able to serve the Court Clerk with your disclosures or send them to your ex's last known address. Check with the local courthouse to see if there is a family law facilitator to assist you with this matter. If not, please contact an attorney ASAP.
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