How can I get a divorce if I cannot locate my spouse to serve them with the legal papers?

You can still get a divorce if you cannot find your spouse by asking the court for permission to use an alternate method of service called "service by publication" or "service by posting." This involves formally notifying your spouse through a newspaper or a notice at the courthouse. Here are the steps to get a divorce when you cannot locate your spouse: Step 1: File Your Divorce Papers First, you must start the divorce case. File a Petition (Form FL-100) and a Summons (Form FL-110) with the superior court in your county. You can find these forms on the California Courts website. Step 2: Make a Diligent Search Before a judge will allow an alternative service method, you must prove you made a serious effort to find your spouse. This is called showing "reasonable diligence." Your efforts should include trying to contact their relatives, friends, and last known employer; checking online directories and social media; and sending a letter to their last known address. Step 3: Document Every Attempt Keep a detailed, dated log of every action you took to find your spouse. Write down who you called, what addresses you checked, and the results of each search. This written record will become your evidence for the court. Step 4: Request a Court Order for Publication or Posting You must file an "Application for Order for Publication of Summons" (Form FL-980) with the court. Attach a declaration detailing all your unsuccessful search efforts. If you have a fee waiver, you can ask for "service by posting" (placing notice at the courthouse), which is free. Otherwise, you must request "service by publication" (placing notice in a newspaper), which you will have to pay for. Step 5: Complete Service as Ordered If the judge signs the order, you must follow its instructions exactly. For publication, the summons must run in the designated newspaper once a week for four consecutive weeks. For posting, it must be displayed at the courthouse for 30 days. Step 6: Finalize Your Divorce by Default After the publication or posting period is complete, you file proof with the court. Your spouse has 30 days to file a response. If they do not respond, you can proceed to finalize your divorce by filing for a "default" judgment. Important Details and Nuances This process is technical and requires strict adherence to court rules. Failure to properly document your search or follow the judge’s order can result in the court dismissing your case. A divorce granted by default after publication may limit the court's power to issue orders about property outside of California or spousal support. Warnings and Limitations The court will reject your application if it does not believe you made a genuine and thorough effort to find your spouse. Because this process is complex, any misstep can cause significant delays. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.