Legal Question in Family Law in New York

Under the Civil Practice Law and Rules, a court, upon a motion without notice, must order service of a summons by publication in a matrimonial action if service cannot be made by another prescribed method with due diligence. However, publication is to be used only as a last resort, and judicially devised service under the Civil Practice Law and Rules must be utilized before applying for an order for publication, so as to better give the defendant notice of the action. Thus, in a matrimonial action, the court may issue an ex parte order directing service of summons and complaint by ordinary mail at the defendant's place of business and by registered and ordinary mail at the defendant's home address, both located in a foreign country, where service on natural persons under the other methods prescribed by the Civil Practice Law and Rules would be impracticable. In addition, another means of service may save the cost of publishing the notice as an advertisement in a newspaper. This is especially true in a matrimonial action in which the plaintiff, an indigent, seeks public assistance for service by publication, in which event the plaintiff would be directed to make service by mail rather than service by publication.

Therefore, I would file a motion for service on the mother on behalf of the son, since she is of suitable age and discretion. There may be no need to publish.

Finally, I think it is a really bad idea to go it alone. The divorce process � even with no children � is complicated and you will have a very difficult time understanding the procedures. If you have no money, there are agencies that will represent you for no cost (pro bono). Contact your local bar association for a list of these agencies.

Mike.