Legal Question in Family Law in New York
cannot get a divorce...
A relative of mine wants to get a divorce from his wife which he has not seen in 10 years. He does not have her address, only her p.o. box and she refuses to answer him or sign the divorce papers. Process servers cannot deliver to p.o. boxes. My relative is incarcerated in the state of N.Y. and cannot get in touch with her, but he knows she received the papers. The court ( in Jamaica NY ) cannot divorce them because they only have one signature.
This is ridiculous. The woman is using his social security number and everything. He wants to get divorced. The courts take forever with their snail mail. He does have an index # but time is running out. I am the only relative but I live on the other side of the country. Please help !!! THANK YOU
2 Answers from Attorneys
Re: cannot get a divorce...
He needs to be represented by an attorney. Perhaps you can pay for it if he cannot. Either contact one in Queens or the county where he is encarcerated. There are ways to start the divorce without personal service however, they require certain court proceedings.
Re: cannot get a divorce...
He needs a better process server. He will also need grounds for divorce. If he cannot locate her with due diligence, then he can request the court for permission to serve her by publication.
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