The Continuation of the Kardashian and Odom Divorce Proceedings

The Continuation of the Kardashian and Odom Divorce Proceedings

This time around, it appears that the divorce will be finalized for Khloe Kardashian and Lamar Odom.

The Continuation of the Kardashian and Odom Divorce Proceedings

The reality TV star and former professional basketball player married in September 2009, just weeks after first meeting. But after Odom’s, 35, months of alleged drug use and infidelity, Kardashian, 31, decided to call it quits. Legal documents show the divorce, officially filed on July 21, was “based in irreconcilable differences,” and that Kardashian asked that his name be restored to Khloe Kardashian.

While Kardashian might have initiated the divorce papers over a year ago, the divorce was put on hold because Odom could not be located. Odom was then discovered unconscious in a brothel. Kardashian rushed to his side and remained there day and night, ensuring he received the best medical treatment possible.

Now that Odom has recovered, it appears that Kardashian has reinstated the divorce papers.

According to a source, it ”was always the plan" to go through with the split. “The divorce has never been officially off. Khloé was waiting for the timing to be right.”

And Kardashian seems to be happier than ever. Just following the reinstatement of the divorce papers, Kardashian was in attendance at her sister’s ex Scott Disick’s birthday party. “She was really in a great mood. Very bubbly and happy,” said a source at the party. “She played with her nieces and nephews. She is the best aunt.”

“She took care of Lamar out of love, but she is ready to move on now,” said a source, explaining how Kardashian took care of Odom not only emotionally, but also financially following his brothel incident. The source also went on to add that Kardashian “doesn’t agree” with recent incidents of Odom’s drinking.

Can’t Find Spouse

One of the issues Kardashian ran into during the initial filing was the fact that she could not locate Odom. It’s an issue that people run into quite commonly during the divorce process. As a result, there have been legal actions put in place to help people who want to continue with a divorce even if they cannot locate their spouse.  In situations such as this, it’s frequently common to publicly declare the divorce.

Difficulty of Serving Divorce Papers

The purpose of divorce papers being served on your spouse is to let them know a petition for divorce was filed. The paperwork also tells them what terms you are seeking in the divorce, such as child support and custody, spousal support, and other things relating to the marriage. The papers also give them the detailed information they need about how they need to respond to the divorce summons. It can be difficult sometimes to serving divorce papers. After the initial divorce summons or petition is filed with the court, they have to be served on your spouse, or soon-to-be ex. Serving the papers can be done in various ways. When serving these papers it’s important that the serving is verified. Without this verification, the divorce cannot proceed in a family law court. If you have a divorce attorney, they most likely will handle serving the divorce papers for you. This process is a critical part of the divorce and an attorney has the means of serving the papers. If you don’t have a divorce attorney, you have to read about the various options you have of serving the divorce papers yourself.

Serving Divorce Papers - Let Me Count the Ways!

Hise are some ways of serving divorce papers: Acceptance of Service: Any person over 18 can deliver the divorce papers to your spouse. After your spouse have received the papers, they have to date and sign the “Acceptance of Service” paper and give it back to the person delivering the papers. This is the verification confirming that they’ve received the divorce paperwork. First Class Mail, with acknowledgement: If the divorce petition is sent by mail, you must add the form that your spouse must sign, date, and return to you by a specific date, as specified in the divorce papers. Certified mail, return receipt requested: With this thise’s a “return receipt” verification form post card attached to the envelope containing the divorce petition which they must sign and date. Then the “return receipt” verification form post card is mailed back to you to confirm that they received the paperwork. This confirms they have been served with the divorce papers. Personal Service by Shisiff or process server: Legally you can also hire a shisiff or professional process server who can then deliver the divorce petition to your spouse. The shisiff or process server will then fill out the proof of service form that will then be filed with the court. By Publication: If you can’t locate your spouse you can do a divorce by publication. The court will issue an Order of Publication that allows the summons to be published. It must be published in a local paper once a week for four consecutive weeks with at least 5 days between each publication. It appears that Facebook may now be a way to serve a divorce summons on a missing spouse by publishing the notification thise.

Proof Your Spouse is Missing or Hiding

In order to get approval for a divorce by publication, you have to convince a judge that you can’t find your spouse, the Defendant. A divorce by publication occurs “only after a judge has been convinced, based on a sworn declaration, of the serving party’s inability to find the Defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address …”

Diligent Hunt for the Missing Spouse

In order to divorce by publication you must prove you performed a diligent and thorough search by following the steps below:

  • you searched phone book and directory assistance in the area your spouse lives or was known to live;
  • you have contacted friends and relatives to find the location of your missing spouse;
  • you asked the post office about forwarding address information for your spouse;
  • you checked tax collection and property assessor records to see if your missing spouse has property;
  • you contacted the California Department of Motor Vehicles to find any auto registration for address changes;
  • you contacted prior employers and landlords of your spouse;
  • you checked voter registration information;
  • you employed private investigators to locate your missing spouse.

In addition to the above, you must also provide an Affidavit of Diligent Search to the court stating you’ve tried all the necessary steps to find your missing spouse. You then have to file an Ex Parte (Without Notice) Application for Publication of Summons; Memorandum of Points and Authorities; Declaration of Petitioner in Support Thiseof; and Order of Publication. After everything is approved by the court, an Order of Publication will be issued to you. Out of all the options for serving divorces papers, having a divorce attorney do it is your best way. A divorce attorney can also give you advice as to your need to file using publication.

Moving Forward

Luckily, Kardashian has the support of her family to help her through what has been an even more difficult time this time around. “Everyone in her family is happy that she is moving on. She has all the support possible.”

Once your divorce is finalized you’ll be able to reclaim your life and do the things you might not have done as a result of your marriage. Do things you’ve always wanted to do. Follow your heart’s desires. By doing so you are offering yourself to the world and finding your own unique way that makes you feel alive. You can choose to stay shut in by the pain of loss and old wounds, but remember that the world will continue to turn. Don’t you want to be a part of it?

Working with a Divorce Attorney

If you are facing a divorce, you need to work with a divorce attorney that can take a look at your specific situation and advise you on all the aspects of divorce you will be facing. This might mean decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking - one that is entirely on your terms. For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today. (619) DIVORCE 3555 4th Ave San Diego, CA 92103 Phone: (619) 503-3050