I have been separated for almost two years. My husband lives in Wyoming and has a girlfriend. Although he has openly said he wants and will pay for the divorce nothing happens, the papers i send him never arrived, he sent me his last two years tax returns i didn't get them, he emailed me scan copy's i didn't get them. This has been going on for two years and now he has been ignoring my calls and texts for about a month. Is there any way i can do this on my own i want to move on with my life.
Your ex is not a resident of California. You are not a resident of Wyoming. Neither court has personal jurisdiction over both parties. This means that unless one of you agrees to allow the other state to hear the divorce, you are at a stalemate. Without an agreement or a court hearing, you cannot obtain certain orders in your divorce.
You can, however, obtain a status only divorce. This is done by filing for divorce and serving your husband by certified mail, return receipt requested or by personal service. Husband will then have been 30 and 45 days to file his answer with the court. If he does not, you may proceed with your case by default. In other words, you may obtain a judgment.
As stated earlier, since husband is not a resident of California, the court can declare you divorce, but cannot divide property or award either party any support,
Since you have waited so long to serve husband,, you have another problem, you may have waited too long to serve the summons. You only have three years to serve your summons and sixty days thereafter to file your proof of service with the court. If you wait too long to serve your lawsuit, you will have to dismiss, refile, and start over.