Hi, my wife left me 7 years ago, I have traced a tentative address
where she is living under an assumed name of the guy she is living
with, is it possible she has already divorced me in ca. we were
married in new york, how do I find out, and if i am not divorced how
can I divorce her here from newyork,

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Request for Question Clarification by tutuzdad-ga on 14 Oct 2003 15:38 PDT

I'd like to research your question but the price you are offering is
usually reserved for questions that don't require as much effort as
yours will.  If you'd like to adjust your price to better accomodate
the work necessary to compile a quality answer I'd be happy to work on
your question for you.

Regards;
tutuzdad-ga

Dear Gabby, 

Before I answer your question on the basis of my research, I refer you
to our disclaimer : "Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional [...] legal [...] advice." (See: the bottom of
this page). In other words, for a definite answer, you'd better
consult with an attorney.

There are many elements that you haven't mentioned in your question:
was the marriage legal in New York? Did you receive any notice at all
of divorce? Was it tribal marriage? Were there any agreements between
the two of you? [Please note, that these are separate questions, that
will require further Research, and if you need an answer after this
one is given, in regards to these new questions, please ask them
separatedly].

Void Marriage
-------------
Was your marriage void in the first place? Look at the Part 2, Chapter
1 of the California Family Code
<http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2200-2201>.
Marriage is void if it had been:
- Between members of the same family 
- Between people who are already married. However, this excludes a
condition where "The former husband or wife (i) is absent, and not
known to the person to be living for the period of five successive
years immediately preceding the subsequent marriage, or (ii) is
generally reputed or believed by the person to be dead at the time the
subsequent marriage was contracted"


Could you have not known about the divorce? 
------------------------------------------
Clause (2331) of the same Code says, that "A copy of the petition,
together with a copy of a summons, in form and content approved by the
Judicial Council shall be served upon the other party to the marriage
in the same manner as service of papers in civil actions generally."
(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2330-2348)

That means, that unless you were wandering off, and no-one had a way
to know where you were, you should have known if your wife filed for
divorce. See also other paragraphs:
- 2332.: If you were disabled due to a mental illness, they should
have notified your guardians.
- 2335.5 : The notification was returned by the post, after they
couldn't find you.

I hope this helps. I searched the Internet for the terms 
divorce "ex parte" california 
divorce "one side present" 
and for the California Family Code (You could read the whole lot of it
at California legislative information
<http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=family+code&hits=20>).

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