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NY - uncontested divorce filed and paper served but can not locate the person afterwards.

New York, NY |

In NY state, I filed for uncontested divorce and served the paper. Then he responded saying he's deployed overseas till Dec 2012. So I know that he is back now for sure but have no idea where he lives, what he does and etc now. He forwarded his mail to his grandma's house far from here and his family does not talk to me.

Basically we over the email reached an agreement and stuff but all of sudden he disappeared saying "f*** you, I'm not going to give you what you want". He 's MIA and are not going to sign the uncontested divorce. Can't serve him the paper if I file for contested.
No kids, short marriage, still own a condo together (rented out)

What are my options now??? I'm so frustrated and helpless..

Attorney Answers 6


  1. If you had him properly served, you can simply serve him by mail at the most recent address with an RJI and Request for Preliminary Conference. File both docs with the court and you'll get a conference with the judge.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>


  2. I would add that if he did not file & serve an Answer to your Complaint - and assuming you properly served him - you may simply move for a default judgment. I would suggest you schedule a free consultation with a NYC Divorce lawyer.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.


  3. You can file for preliminary conference if he was served. You may have an issue with the non military affidavit. Consult with an experienced divorce lawyer to assist you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. You are actually not in a bad position because he was served. You should retain an attorney and you will then proceed with the action without him. You can forward to his grandmother's house because that is the address you have.


  5. The problem here is service on an individual enlisted with the military. There are special rules which prevent you from entering a default judgment against a member of the military. There are some other options - please consult with an attorney.

    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.


  6. If he has already been served, then you can still proceed with your divorce. If he failed to answer, then you will be entitled to a default judgment of divorce. Otherwise, file a request for judicial intervention, requesting a preliminary conference, send copies to his last known address and to his commanding officer if you know who that is and move forward.

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