Oftentimes, one spouse may be avoiding service of the divorce papers with the mis-understanding that if they never get served, the other spouse cannot move forward with the divorce or legal separation. This myth is common. However, the Court is empowered to allow Petitioner to effect service by publication when the Court is satisfied that the Respondent cannot with reasonable diligence be served personally or by mail.



If you know your spouse’s post office address and that his or her mail was being picked up from that box, failure to attempt service by mail will prevent the Court from allowing service by publication. Typically, the Court will require proof that Respondent cannot reasonably be served personally or by mail. The Court may require that a search of databases be made (e.g., voter registration rolls). Oftentimes, a search of databases will require the assistance of a private investigator.

Should the Court be satisfied that Respondent cannot be served by mail or in person, the Court will order the summons to be published in a named California newspaper, or if the party resides out of state, in a named newspaper outside the state, that is more likely than not able to give notice to the party served. The Summons is published once a week for 4 consecutive weeks. Service is considered complete on the last day of publication.

Once service has been complete, Respondent will be deemed served. If Respondent fails to respond within the 30 day requisite period, Petitioner can obtain Default of Respondent and proceed with the divorce without Respondent’s input.