Legal Question in Family Law in New York
Need a divorce but cannot find my spouse
Can I get a divorce if I cannot find my spouse.
I was married in November 2001 and my husband was removed from the house in July 2002 by police for his abusive behavior. We have been separated since and I do not know where to find him.
2 Answers from Attorneys
Re: Need a divorce but cannot find my spouse
You can get a divorce even if you do not know where your spouse is. In most cases, it is done by judge's order through publication in a newspaper.
You can contact a lawyer if you need legal help getting a divorce.
Re: Need a divorce but cannot find my spouse
Yes, but it is not easy. I generally advise my clients to retain a private investigator to locate the spouse. If unsuccessful, a motion is filed before the court for alternate service (publication). The motion has to demonstrate a good faith attempt to locate - hence the PI.
It has been my experience that through friends, family, etc., I am able to locate the spouse.
Mike.
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