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#769572 - 03/15/15 08:54 PM Spouse disappeared, what now
5ft24 Offline

recently joined

Registered: 03/15/15
Posts: 2
Loc: Washington
In March of 2013, I filed for Divorce in Los Angeles County. My Spouse filed a response, then we got together to hash things out and filed an amended petition with what we both discussed and agreed to. A month later, she filed a response to the amended petition and at the same time filed proof of service. I was never served and I have no clue what is in that response. She has disappeared with her boyfriend and I have not been able to locate her since. I now live in Washington State, so I am unable to locally look for her, but even her kids have no clue where she is and haven't heard from her in a year. looking at the filing scenarios on the LA County court website, it doesn't show any way to file to complete this without her signing an agreement. If I choose to file the final papers as default, then that is agreeing to what is in the response she filed without any knowledge of what is in it... That I am unwilling to do.
I have tried to get a hold of the assistance people that helped us write up the amended petition, but they are not available by phone, only in person. I have absolutely no money for an attorney so need to try and do this myself... Do I just file a new amended petition then request default?

#769573 - 04/23/15 04:27 AM Re: Spouse disappeared, what now [Re: 5ft24]
TBLegalShield Offline


Registered: 04/23/15
Posts: 37
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#769574 - 05/06/15 05:22 AM Re: Spouse disappeared, what now [Re: TBLegalShield]
griffindoor Offline

recently joined

Registered: 05/06/15
Posts: 4
California family law attorney here.

Looks like you have a complicated issue. If I understand your problem correctly, you have both filed a petition and response but have yet to complete the financial aspects of the divorce.

First, if there is anything in her response that is different from your petition, the Judge will not grant a default. In that case, your divorce would be put on for a case management conference or trial and you would learn about the contested issues.

From my reading of your question, one of the hurdles you will face in finalizing your divorce is something called declarations of disclosures. These are the exchange of financial documents. You can ask the Court to waive her signature on the proof of service of financial documents, but will have to explain why.

Goodluck! You can always reach out the facilitators office at the local court for more help.


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