Legal Question in Family Law in New York

Re: Help

The best thing for you to do is file for a "Default" divorce. You would file a Summons with Notice with the clerk - and have it served on the other party. If you don't know where he is you will have to ask the court for permission to perform alternate service - by either publication or last know address. Once the time has passed for him to answer - you can make an application to the court for a default judgment. The default will only concern the res of the marriage - and not any ancillary issues such as equitable distribution or child support - which sounds like it won't be an issue in you case anyway.

Hope this helps.

Re: Help

There is a court mandated procedure to attempt to locate the missing spouse. If that fails, you will still be able to obtain your divorce in his/her absence.

I suggest you contact an attorney.

Daniel Clement

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