What is the difference between a family law attorney and a divorce attorney?
Divorce is actually a subset of family law. A divorce lawyer is a family law lawyer who does divorce. Most attorneys who practice family law handle divorce, and divorce is usually the primary or main subset of work that a family law attorney does, but a family law attorney usually does more than divorce.
How do I divorce my husband if I don’t know where he is?
- If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse.
- This is called a Motion to Serve by Publication or Posting.
What happens if your spouse refuses to be served?
If your spouse cannot personally serve you with divorce papers then she must go to the court and tell the judge about her efforts to do so. The affidavit that was filled out by the process server will be included along with a motion to have you served with a substituted method of service.
What happens if I avoid being served?
What Can a Judge Do if I Avoid Being Served? If they are avoiding a process server, a judge may allow the papers to be left at their home or business with any competent person over the age of 18. A judge may also allow the summons to be mailed to their home or business address via certified mail.
What to do if spouse ignores divorce papers?
The only way to proceed with a divorce when one of the involved parties is refusing to sign papers is by applying for a court order. The court order asks that the petition for divorce be “deemed to have been served”.
What happens if I don’t answer a divorce summons?
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers. When a spouse doesn’t respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.