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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

Posted

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.

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Posted

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

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2 comments

Joseph S Hubicki

Joseph S Hubicki

Posted

If you can get proper service of the divorce on your wife, then it is up to her to appear in the case. If she fails to appear, then you can file uncontested papers if all you want is a divorce and you are not making any other claims. If you have claims, or there is property in both your names, then you have to file for an inquest.

Hillary Johns

Hillary Johns

Posted

an experienced attorney who understands how to handle international family law cases.

Posted

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.

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Posted

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.
BARROWS & TEHRANI, PLLC
Attorneys at Law
369 Lexington Avenue, 2nd Floor
New York, New York 10017
Tel. (646) 237-7850
Fax. (646) 619-9312
www.BarrowsTehrani.com
www.NewYorkDivorce.info

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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9 comments

Deborah G. Fiss

Deborah G. Fiss

Posted

I don't necessarily agree with Mr. Barrows as, so long as proper is notice is given to the other party, if that party defaults, the divorce may still be filed on the uncontested calendar of the Court.,

Michael C. Barrows

Michael C. Barrows

Posted

It's not an uncontested divorce if its a default. It's a divorce b default an carries with it the ability to open upon showing of meritorious claim and justifiable excuse. Moreover, the paperwork is completely different. There is no aff of defendant l, issue is not joined, findings f fact as Judgmet are different, you must make a motion to obtain the divorce. Two totally different means to an end. Sorry but your wrong Counsel. The fact that it goes on the "uncontested calendar" or not is not the question posed. It is whether he can use the uncontested divorce packet. This packet needs to be modified for divorce by default ad doesn't include all the necessary language nor is it appropriate.

Deborah G. Fiss

Deborah G. Fiss

Posted

But, Mr. Barrows, if there is "no contest" that is an uncontested divorce. The pursuer of the divorce may still file the papers as an uncontested divorce so long as service is complete and jurisdiction obtained. If the defauting parties chooses to attempt to set aside the uncontested divorce down the road, that is a different story, however, the papers are still filed on the uncontested calendar in the first instance.

Deborah G. Fiss

Deborah G. Fiss

Posted

And, regarding teh package, same papers.

Michael C. Barrows

Michael C. Barrows

Posted

I am not disagreeing with you that it is uncontested. However, the question was can he file the uncontested divorce packet found online and the answer is no. a motion must be made first and the paperwork insult be modified to reflect the default. You cannot just use the paperwork as it is found online. You use some of the same paperwork in a contested divorce (summons, complaint, findings of fact, judgment , etc). That doesn't mean he can just file the uncontested packet in a contested divorce. So again, the paperwork is not the same.

Michael C. Barrows

Michael C. Barrows

Posted

telling him he can just copy the paperwork online is incorrect. how can you even argue with this fact?

Deborah G. Fiss

Deborah G. Fiss

Posted

Only in NY County, Michael, not in any other. Sent from my Verizon Wireless BlackBerry ---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=ed223f17c995d95aec66d11e4dc50e4916100ba81fa019adfb8097a1ba8fb1970ce374332b5a6afc ) ----------------------------------------

Deborah G. Fiss

Deborah G. Fiss

Posted

For clarification, only New York County requires a motion and only after court appearances. Sent from my Verizon Wireless BlackBerry ---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=ed223f17c995d95aec66d11e4dc50e4916100ba81fa019adfb8097a1ba8fb1970ce374332b5a6afc ) ----------------------------------------

Michael C. Barrows

Michael C. Barrows

Posted

the question was not whether it can be placed on an uncontested calendar. The question was can he use the uncontested divorce packet. T e documents and the instructions on the court's website do not address a default an will lead to a defective filing and return of the paperwork by the clerk.

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