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Laws vary greatly from state to state. In many states, if the petitioner/plaintiff does not have a current address for the respondent/defendant, service of process may be accomplished by publication of notice in the newspaper located closest to the last known residence of the respondent. Usually, the notice is publicized on three separate occasions before service of process is considered effected. So yes, in some states it is possible for an action to proceed against a respondent/defendant without his/her knowledge. However, diligent search must be made for the respondent prior to moving the court to serve him/her by publication.
PJ has brought up one exception to the rule of notice; and there is another way for a divorce to proceed outside of any state and without leaving the country - well, at least without leaving conus. You see, there are nations within the US that have their own laws. It is legal and the divorces are recognized by the 50 states: native american nations.
OP, you can do almost all of this online. First go to the states where you believe your wife/ex-wife may have applied for a divorce. You can generally find the records of divorces included in the marriage/divorce records. Check it under all names she might have used and under the name she believes you used/are using (you stated you changed your name).
Then, you have to find some way to check out whether she filed with a Native American Tribal Council - that's the sticky part.
That’s a hard one..I live in cali and I imagine dissolution of marriage laws are different everywhere..
California is a no contest state.. The only thing required by law is that there is legal official copy issued to the court by a sheriff stating that a person was served. THE COURT date is stated in the paperwork however some judges will ask for a re-issuance of all documents and the absent party be served again and another court date be put on calendar.
After a second “No Show?” THE dissolution of marriage is granted and it takes 6 months from the court date to be official..
I would contact the last state she was last residing in first.
1. Call the county clerks office…the county clerks office will always have access to your records and can tell you when you were served, what the results were, when you were supposed to have court, and what the determinations were..
I would follow this protocol in every state you know she resided in…
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