Divorce by Publication in San Diego County — when your spouse can't be found
You can get divorced in California even if your spouse has disappeared. When personal service is impossible after a genuine search, San Diego Superior Court can order service by publication (Code of Civil Procedure §415.50): your divorce summons runs in a newspaper once a week for four weeks, and the case moves forward — with or without your spouse.
📰 Publish your divorce summons — $324.50 flat →All 4 weekly publications + signed affidavit for your court file · optional court e-filing +$35The whole process, step by step
- File the divorce. Petition (FL-100) and Summons (FL-110) at any San Diego Superior Court family-law location — Central (1100 Union St), East County (El Cajon), North County (Vista), or South County (Chula Vista). Filing fee ≈ $435-$450, or ask about the FW-001 fee waiver.
- Try to serve your spouse properly. The court only allows publication after real attempts at personal service fail.
- Document a diligent search. Judges expect you to have checked: last known addresses and job, phone numbers, relatives and friends, USPS change-of-address, DMV records, voter registration, social media, and online searches. Keep dates and results for each attempt.
- Apply for the order. File the FL-980 application with your declaration of due diligence. The court's free Self-Help Center can review it. Designate the Heartland News — adjudicated for San Diego County (Case No. 234901).
- Publish. Upload the signed FL-982 order and FL-110. We publish once a week for 4 consecutive weeks (Gov. Code §6064) and email your signed affidavit of publication — or e-file it with the court for $35.
- Service is complete 28 days after the first publication. If your spouse doesn't respond within 30 days after that, request their default (FL-165) and finish the divorce. California's 6-month waiting period runs from the date service is complete.
Free tool: we prepare the application for you
Our free Service-by-Publication wizard fills the court forms for steps 3-4 — the FL-980 application, your declaration of due diligence (it walks you through documenting every search attempt), and the FL-982 proposed order, with the Heartland News already designated as the newspaper. Answer questions online, download the packet, file it. No charge, no account.
What it costs, all-in
Court filing fee ≈ $435–$450 (waivable with FW-001) + $324.50 publication (all four runs and the affidavit — no per-line or per-week add-ons) + optional $35 if you'd like us to e-file the affidavit. No attorney is required for an uncontested default.
Frequently asked questions
- Can I get divorced in California if I can't find my spouse?
- Yes. After a diligent search, San Diego Superior Court can order service by publication under CCP §415.50: the divorce summons publishes once a week for 4 weeks in an adjudicated newspaper, service is complete 28 days after the first run, and if your spouse doesn't respond within 30 days you can proceed by default.
- How much does divorce by publication cost in San Diego County?
- Publication is $324.50 flat in the Heartland News — all 4 required weekly runs plus the signed affidavit of publication. Add the court's filing fee (≈$435-$450, waivable with form FW-001) and optionally $35 for us to e-file the affidavit. The court forms themselves are free with our online wizard at heartlandnewspaper.com/publication/forms.
- What counts as a diligent search for a missing spouse?
- Courts look for documented attempts: last known addresses and employers, phone numbers, relatives and friends, USPS change-of-address inquiry, DMV and voter records, social media, and web searches. Our free wizard walks you through documenting each attempt in the declaration of due diligence.
- What newspaper do I publish a divorce summons in for San Diego County?
- A newspaper adjudicated for the county that's most likely to give the spouse notice. The Heartland News is adjudicated by the San Diego County Superior Court (Case No. 234901) — designate it in your FL-980 application and order online at heartlandnewspaper.com/order?type=summons.
- How long does divorce by publication take?
- Roughly 7-8 months minimum: get the publication order, publish 4 weekly runs (service completes 28 days after the first), wait 30 days for a response, request default — and California's 6-month waiting period runs from the date service is complete.
The Heartland News is a newspaper of general circulation adjudicated by the San Diego County Superior Court (Case No. 234901). We are a newspaper, not a law firm; we are not acting as attorneys, paralegals, or legal document assistants, our free tools are provided at your own risk, and this page is general information, not legal advice.