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Spouse moved overseas — how do I serve them?

CArosa_p1 month ago

He went back to his home country and isn't returning. How does service work internationally?

2 replies

✓ Verified answer from a licensed attorney — shown first

Carmen Reyes avatarCarmen ReyesVerified Attorney1 month ago

Two paths in CA. If you have a current address abroad, you use the Hague Service Convention via the foreign country's Central Authority — it's slower (3-6 months) and there's a fee. If you don't have a current address and have made a genuine search, you can ask the court for Service by Publication (FL-980/982). For publication you have to show you tried everything reasonable first: last-known address, family, social media, former employer. Courts are picky about that 'diligent search' showing — keep records of every attempt. International cases also need extra care on whether the foreign country will later recognize the U.S. judgment for property held there.

Linh Nguyen avatarLinh NguyenVerified Attorney1 month ago

From the immigration side — if your spouse's status was tied to the marriage (a conditional green card, a pending I-130), the divorce can have separate immigration consequences for them. Not your problem to solve, but worth knowing the judgment may travel beyond family court.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.