Legal Question in Family Law in New York
My friend has a problem! He had moved to Texas about five years ago and while he was in Texas, he met this woman and they got married in 2007. Shortly after that (about 4 months later) she took off and moved to her parents.He having no other choice moved back here to New York. Now he's been living here ever since and is now researching on how to go about divorcing her. Now he believes that she has moved out of state to like Louisiana or something and he has had relatively no contact with her since she left him. Now he has asked me for my help in finding out how to go about doing this since he has not lived in Texas for coming on three years. Now the real question is, he has the papers drafted, they just are waiting to be stamped by the courts. Do these papers need to be stamped by a court here in NY, do they need to go to Texas first, do they need to be stamped and just mailed to her last known address? What is the next step for us?
2 Answers from Attorneys
He has to file for divorce in New York and then serve process on the wife. If he does not know where she is then he will have to serve her by publication for several weeks in a newspaper in a town of her last known location. It looks like he can get a divorce but the hard part will be service of process.
This is much more complicated than just stamping papers and mailing them. If he does not know where she lives, he might have to proceed with a "divorce by publication". Do NOT waste money filing papers because it will likely be incorrect. Leave it to an expert. Contact me for details, I may be able to help for a lot less than many other attorneys.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
