Legal Question in Family Law in New York
divorce
what is the best way to get divorce
when you married someone 12 years ago left the person 3 mos later and now cannot locate this
person to get divorce. I am with
someone else and have a child. I would like to get remarried. Thank you
3 Answers from Attorneys
Re: divorce
Some steps should be take to locate the person and if there is no success, you can file a special motion with the court to allow to proceed with the divorce by publication.
Re: divorce
First, you must have grounds for divorce.
Second, You have to make a concerted attempt to find your husband to personally serve papers for a divorce. A social security number is helpful. If you have mutual friends or family that is also helpful.
Third. After you attempted (you may have to hire a private investigator) and failed to locate the husband, you would file a motion requesting service by publication.
Mike.
Re: divorce
There are ways to attempt to locate people, and that's the first step. If one can not locate the other party, there are alternatives that the court may allow for service by publication.
However, in New York, one must have grounds for a divorce, and those grounds must be sufficient whether or not you can locate the other party.