Legal Question in Family Law in New York

Re: How to serve divorce papers to respondent if whereabouts are unknown

You are correct when you state that NY requires personal service for a divorce.

First, you must attempt to locate your husband's address. I have had prior clients contact the husband's friends or family that may be sympathetic.

Second, I would have my attorney hire a private investigator to locate your husband. Unless your husband changes his name and social security number, it is very hard to live incognito.

Third, if you are still in contact with your husband, you can arrange to meet at a place in New York. Although it may be unseemly, under NY law you can have a defendant appear under false pretenses at a certain place and time for service of process as long as the defendant does not cross state line.

If none of the above work, your attorney must make a motion before the court for alternate service.

Mike.

Re: How to serve divorce papers to respondent if whereabouts are unknown

In New York, absent an order from the Court, service of the summons in a divorce must be made by personal service.

If you do not know the whereabouts of your spouse, you will have to perform a search, which includes contacting all the branches of the armed services. If the search does not locate the individual, you can make a motion to obtain an order of publication.

If you need help, please feel free to contact me.

Daniel Clement

212-279-6194

Re: How to serve divorce papers to respondent if whereabouts are unknown

What does your attorney say about this?

Generally, you must show due diligence is trying to locate your husband. Suggest starting with his family.

If that fails, the remedy is to bring an Order to Show Cause for leave to serve by publication.

You really should consult with an experienced matrimonial attorney.

Hope this helps.

www.BravermanLawFirm.com