Help!

[bound4auz]

What is the name of your state? California

Hello, I am posting on behalf of my fiance. He is still married and that marriage is what's standing in the way of our wedding. Here is the situation: He married his wife in December of 2003. He (dustin) was enlisted in the Navy at this time... he left to go on deploymnet in May of 2004 (5 months after the marriage.) In May, Dustin's wife flew back to Kentucky where she is presumably still living (we assume this only because we have not heard otherwise, she cannot be regularly contacted, all Dustin has to go on is his wife's email address which she has not responded to, and also her grandma's phone number.) When Dustin's wife left Hawaii and flew back to kentucky, she took all of thier savings and has never been seen since. A few months ago she contacted Dustin because she was seeking a divorce- but he has not heard from her since. Bottom Line: Both people want a divorce, what if the wife cannot be contacted? How fast can the divorce become final so that my fiance and I can get married? Any advice would be very helpful. Dustin has lived in California for a year, I assume this means that he is a resident by now... Help!!! Thank you so much!

 

[CourtClerk]

What is the name of your state? California

Hello, I am posting on behalf of my fiance. He is still married and that marriage is what's standing in the way of our wedding.

First of all, if your boyfriend already has a wife, you are not and cannot be his "fiance."

Here is the situation: He married his wife in December of 2003. He (dustin) was enlisted in the Navy at this time... he left to go on deploymnet in May of 2004 (5 months after the marriage.) In May, Dustin's wife flew back to Kentucky where she is presumably still living (we assume this only because we have not heard otherwise, she cannot be regularly contacted, all Dustin has to go on is his wife's email address which she has not responded to, and also her grandma's phone number.) When Dustin's wife left Hawaii and flew back to kentucky, she took all of thier savings and has never been seen since. A few months ago she contacted Dustin because she was seeking a divorce- but he has not heard from her since. Bottom Line: Both people want a divorce, what if the wife cannot be contacted?

Then he is going to have to show due diligence, then after 3 attempts at service, he can petition the court for permission to serve by publication.

How fast can the divorce become final so that my fiance and I can get married?

In CA, minimally, 6 months and 1 day after the court gets jurisdiction.

Any advice would be very helpful. Dustin has lived in California for a year, I assume this means that he is a resident by now... Help!!! Thank you so much!

Yes, he can file in CA if he has lived in CA for a year.