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If I married an international student and she's back in Korea and there is no contact, can I still file an uncontested divorce?

Brooklyn, NY |

I haven't talked to this girl in years, have no way of contacting her, and need to file for divorce. What grounds do I file on? Can I use the uncontested divorce packet?

Attorney Answers 4

  1. Yes. But the process involved will likely require you to make an application for substituted service (most likely service by publication). It's not a simple process and I would recommend contacting an attorney for assistance.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

  2. The grounds for the divorce can be abandonment or irretrievable breakdown. If you know where she lives in Korea the United States and South Korea are parties to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. If you do not know where she lives in Korea, then you have to show the court that you made a diligent effort to locate her before the court will authorize substituted service. Because it is unusual situation, you really should consult an experienced divorce attorney. Joseph S. Hubicki, Esq. 917-538-7529

  3. No.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

  4. An uncontested divorce packet is used when both parties consent to the divorce. Both you and your spouse would be required to sign and file affidavits on conjunction with the uncontested divorce.

    It would save a lot of time and expense if you can locate your spouse and either serve her with the pleadings or have her consent and sign the affidavit of defendant. Otherwise, as counsel noted, you will have to seek service by publication. This requires as attorney to submit an affidavit of due diligence, detailing attempts to find your wife and can be costly. If you require assistance please feel free to contact my office. Thank you and be well.

    Michael C. Barrows, Esq.
    Attorneys at Law
    369 Lexington Avenue, 2nd Floor
    New York, New York 10017
    Tel. (646) 237-7850
    Fax. (646) 619-9312

    Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.

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