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Time for divorce, can't locate spouse.

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M

mrsacto

Guest
What is the name of your state? California

In January of 2002 I decided to quirt my job and stay at home with my 3 year old daughter for a couple of months. My wife had decided to return to work and I had some concerns about my daughters well being while in my wife's care that I needed to find out about. Well needless to say I foundout too much. i found out that my wife was hooked on prescription pain killers (which I suspected). She had stoled prescription pads from a Dr's office and forged them. When I started confronting her on these subjects, she started denying them. She met a friend at her new job, and decided to desert hey daughter and myself. I was devistated both emotionally and financially. I was unemployed with a 3 year old, no job, no money, and no vehicle (she took that too). I had to send my daughter to live with my sister and I put everything in storage and went to stay on a friend's couch. My sister has since been granted guardianship of my daughter (which I requested). I have sincen returned to a good job and financed another car in my name through the same company. My problem is that I can't afford to spend $1,500.00 to hire an attorney to file for divorce. I can't locate her so that we can use a paralegal and save money. I don't know what to do. My credit is destroyed because of her, and I can't afford a divorce. I know when my sister went to court for guardianship that we had to post a notice in the local news paper for 4 weeks since we couldn't find her to serve her.

Can I file divorce papers on my own and post the same type of notice in the paper?????

I do plan on gaining custody of my daughter again in the future, but for now she is in the best place she can be until my divorce is final. My sisters attorney said that I didn't need to file for custody now, since my sister has legal guardianship.

CAN SOMEONE PLEASE GIVE ME SOME ADVICE...........................
 


VeronicaGia

Senior Member
You can try to serve her at her last know address. If that doesn't work, yes you can serve her by publication. But there's something you need to understand. The longer your sister has guardianship, the less likely the courts will consider changing that. Also, your ex can file for custody.

You need to first file for custody of your child. If your sister really cares, she will let this happen. Then you need to file for divorce. An attorney is the only way to go. Get a second job if possible for a while. Then go for all of it at once.
 

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