Legal Question in Family Law in New York

I have only lived in NY for 8 months, married in CA 8 yrs ago

we lived in CA for 7 years, married there, he left me and came back to NY 3 yrs ago. I moved back 8 months ago after moms death. how can I get divorced? I do not know where my spouse is, have not spoken to him since he left me 3 yrs ago. CA says I have to file here in NY since being gone from there more than 5 months. He has lived here for 3 years with his first wife I believe, she flew him back from CA.

I do not really want to find him, he was abusive and threated my life on more than one occasion.

I just want to get divorced as quickly as possible to be rid of him for good.

thank you

rose


Asked on 5/18/06, 5:54 pm

3 Answers from Attorneys
Alexander Sklavos Law Offices of Alexander E. Sklavos, PC

Re: I have only lived in NY for 8 months, married in CA 8 yrs ago

if he has been here more than a year, then you can move for divorce in NY. Unfortunately , you do have to find him, for you (your attorney) have to serve him with a summons for divorce. If he can't be found he could be served by publication in the county where he last resided. Please call for an appointment if you are seeking counsel. Five one six, two four eight, four thousand.

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Answered on 5/19/06, 9:58 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: I have only lived in NY for 8 months, married in CA 8 yrs ago

This is not a difficult process, but there is a lot of paperwork. We can work through email/fax to prepare all of the necessary documents.

Service can be made by publication. This is a legal technicality which permits him to be informed of your petition for divorce by taking out an ad in a newspaper. he doesn't actually learn of the divorce, but the technicality is filled. This must be done by court order.

My fee for the entire process would be 1500.

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Answered on 5/19/06, 12:33 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: I have only lived in NY for 8 months, married in CA 8 yrs ago

Rose: You def do not want him to find YOU if he was abusive and threatened your life. You must not let him know your current address. Do it by publication.

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Answered on 5/19/06, 4:29 pm


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