Legal Question in Family Law in New York
My wife and i have been legally separated inthe state of n.y. since 1991.I can not locate her and would like to put this divorce to rest.what should i do
2 Answers from Attorneys
You can file for a divorce based on your separation agreement, assuming that you have substantially complied with that agreement.
David is correct. You have grounds to commence the action for divorce. However, you still need to serve on your spouse a summons and complaint. Service of the summons and complaint will be difficult since you cannot find her. You will have to convince the court to order substitute service (such as publication). To do this you must (in layman's terms) try really hard to find her. I would suggest first contacting her relatives and friends to determine her location.
Mike.