Legal Question in Family Law in New York

Q. the prenup was notarized by a notary public "express" ( a housecall). shuld they have any records/copies of the prenup, or is there a general registry where these documents go?? do i have any other options??

A. Generally, a notary public does not keep a copy of the document he or she notarized. Furthermore, there is no general registry for a premarital agreement. I would speak to the attorney that drafted the agreement. Normally, the attorney keeps a record of the document.

Q. also, if i cannot deliver the divorce papers to him because his mailing address is unknown, what would be my next step to obtain the divorce??

A. Technically you do not need an address. However, you need to have the husband personally served (and you cannot serve the papers). You may serve the papers at the husband's place of employment. If you know where the husband whereabouts, you may have a process server deliver papers in a public area.

Mike.

To supplement the above answer - not only is there no central registry for pre-nuptial agreements, it is an utter certainty that the notary does not have a copy.

However, the attorney who drafted the agreement certainly does. If that attorney was retained by your husband, however, the attorney may be unwilling to turn the document over.

In my view, you should arrange a consultation with a divorce attorney you trust immediately. Your situation requires detailed exploration before you take any steps that may have long lasting economic effects.