Legal Question in Family Law in New York
Abandonment
What type of search do I need to do for a divorce where one party cannot be found? I have not heard from or seen my husband in about eight years. What do I need to do to get a divorce and how long will the process take? Is an internet search enough? Do I have to publish it in the Papers and if so for how long?
3 Answers from Attorneys
Re: Abandonment
You need to ask the court for permission to serve your missing spouse by publication.
If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.
I practice in NYC and Long Island.
Contact Supreme Court Clerk
You will have to get a judge to agree to allow you to serve your husband by publication. Since you live in Saint Albans, NY you have to contact the New York State Supreme Court, Queens County Matrimonial Clerk for requirements regarding the search. They can be reached at: 718-520-3380
Re: Abandonment
The courts require you to conduct a search which will locate the missing person. All the branches of the armed forces must be contact, motor vehicle and mail records searched, etc. If the person is not found, you must file a motion to have them served by alternate method.
Daniel Clement