California law does not require you to abandon a divorce simply because you have lost contact with your spouse. You can still pursue the case, but you must follow specific rules for notifying your spouse and showing the court that you made a genuine attempt to reach them.
Can you start a divorce case when your spouse cannot be reached?
Yes. California allows one spouse to seek a no-fault divorce without the other spouse’s consent. However, you generally must deliver the divorce papers to your spouse through a legally recognized method before the court can take further action in the case.
What can you do when you have lost contact with your spouse?
Start by using information reasonably available to you to determine how you can reach your spouse. You might review old contact information, check known employment details or speak with people who may have current contact information.
Write down the steps you take and keep any supporting records. The court may require this information if you later ask for permission to notify your spouse through a different method.
Can the court approve an alternative form of notice?
If your search does not reveal a way to reach your spouse, you can ask the court about another legally permitted form of notice. California law allows courts to authorize notice through publication in certain circumstances when the required conditions exist.
The court will review the steps you took and determine whether you qualify for an alternative method. Follow the court’s instructions carefully because each method has specific procedural requirements.
What happens if your spouse ignores the case?
Once you complete the required notification process or obtain court approval for an alternative method, the divorce can proceed even without your spouse’s involvement. However, the court will not automatically grant every request simply because your spouse remains silent. The judge must still apply the applicable rules before issuing a divorce judgment.
If you have lost contact with your spouse, a California family law attorney can help you understand the notification process and determine which options may fit your situation.