Legal Question in Family Law in New York

Missing Persons Divorce

I have been seperated for 15 years. My husband moved out of state 5 years ago I knew the state he moved to but 4 years ago he stopped all contact, so I dont know where he is now. How can I divorce him if I dont know where he is.


Asked on 4/08/00, 9:49 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Missing Persons Divorce

Even though you do not know where your spouse is, you may still obtain a divorce. I suggest you contact an attorney to discuss the procedure.

Daniel Clement, Esq.

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Answered on 4/21/00, 9:51 am
Craig Penn Penn & Associates

Re: Missing Persons Divorce

You need to commence a divorce action and then immediately make an application to the Judge for permission to serve process upon your spouse by publication. This process is time consuming and expensive. In the alternative, there are companies who specialize in locating missing persons. Once your spouse is located you can contact the county clerk in the county where he/she is living and get names of process service companies. You can then send a check to the process server and arrange for them to effectuate service of the Summons/Complaint for your New York action. This process will all be much easier if you have an attorney handling it for you.

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Answered on 4/21/00, 11:01 am


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