Legal Question in Family Law in New York
divorce law
Having been legally separated for one year, I want to file for divorce but am unsure where my husband is. However, he is on probation. Is there a way to serve him through there, and if there is no answer, can I get a divorce by default?
2 Answers from Attorneys
Re: divorce law
First you must show a good faith attempt at locating him. This is what the court considers due diligence.
If he cannot then be found, you can ask the court to permit service by publication, which would be a classified ad in a newspaper selected by the court. The ad must be published three times.
The procedure is not difficult when you know how to do it.
Re: divorce law
You will have to attempt to locate him so that you can effect personal service. If you cannot locate him, then you will have to obtain an order permitting you to make service by publication.
Let me know if I can be of assistance.
Daniel Clement
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