Legal Question in Family Law in New York

Other party cannot be found!

I'm trying to get divorced from my husband, who left 5 years ago, and I have not seen or heard from him since. After private investigations, post office search, and contact wih his family, he still cannot be found. The judge now says I have to public notice him. My lawyer says the price is $3,000. (the paper is in Canada, where he is believed to be) This seems ridiculous, and I can't seem to find out the price myself. Mind you, I don't want anything from him, just a divorce. Shouldn't I just get my divorce? Is it up to the judge's discretion, or am I actually required by law to public notice him, when I've excercised all these other options. I have also served his father by the way. It is known that his father has contact with him by phone, but no address (or so he says) Just very frustrating. Any feedback would be greatly appreciated.


Asked on 12/28/06, 6:16 am

2 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Other party cannot be found!

If you were ordered to do service by publication, you will have to abide by the terms of the order. That said, $3000 seems like a very high cost. I would suggest you request a copy of the invoice from the newspaper.

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Answered on 12/28/06, 2:01 pm
Daniel Clement Law Offices of Daniel Clement

Re: Other party cannot be found!

If you were ordered to do service by publication, you will have to abide by the terms of the order. That said, $3000 seems like a very high cost. I would suggest you request a copy of the invoice from the newspaper.

Daniel Clement

thedivorcereport.com

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Answered on 12/28/06, 2:01 pm


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