Legal Question in Family Law in New York

Re: Out of state divorce

This is a simple process. I have done it many times.

The forms for divorce are not complex and this would be an 'uncontested divorce' because he cannot be found. The only complication is informing him that you will have filed for divorce. The solution favored by the courts in this situation is 'service by publication'.

'Service by Publication' requires that you make a search (the parameters are clearly defined by the courts) and then make a motion on notice for permission to make 'service by publication.

The whole process is completed and the finiushed documents delivered to the court within 90 days.

My fee for the entire process is 2500. You are welcome to discuss the matter further with me.

It's best to set up a time for the consultation (no fee) by email.

Re: Out of state divorce

As long as a person has lived in Georgia for six months or more, a court in Georgia has jurisdiction to dissolve that person's marriage. The other spouse can be served by publishing a notice in the paper here and in the area of the last known address. After 61 days, the court can grant the divorce.

It is important to note that the Georgia court would not have jurisdiction to divide any marital property that was not in the State of Georgia or deal with issues of support (child support or alimony). Those issues require personal service of the papers and a basis for personal jurisdiction over the absent spouse.

Re: Out of state divorce

It is very likely that you can do a divorce by publication. The cost is usually quite low and it's not usually complex. Feel free to contact my office if we can assist you with this.

Re: Out of state divorce

I neglected to add details on the costs. A divorce by publication will often have legal fees under $500.00 (Costs usually run about $160). The amounts vary a bit by county. Let me know if we can be of help to you.