Legal Question in Family Law in New York
Motion via publication
Divorce action, Summons and Complaint unable to be served b/c defendant is no where to be found, can a motion to serve via publication be done and if so, where can I get an example of it?
3 Answers from Attorneys
Re: Motion via publication
Your chances of properly noticing by publication are slim to none. Get an attorney to handle this or you may end up wasting your time and having to start all over again with an attorney.
Re: Motion via publication
It is not very easy to get the court to approve service by publication. It is not advisable that a layperson do this because of the difficulty in getting the court to approve. You should get an attorney to do this for you.
Re: Motion via publication
If you truly want to do this on your own, you can access the proper forms at the supreme court law library in Mineola. I do not recommend trying this on your own. Getting approval for notice by publication is extremely difficult for an attorney and is almost impossible for a pro se. You should talk to an attorney.
Joel R. Salinger