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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

Posted

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>

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3 comments

Asker

Posted

And what if he does not respond? I can serve him by mail (the last known address) but I don't think he will respond to that (or show up at court)

Asker

Posted

And what if he does not respond? I can serve him by mail (the last known address) but I don't think he will respond to that (or show up at court)

Louis Lawrence Sternberg

Louis Lawrence Sternberg

Posted

You can seek a default judgment against him.

Posted

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.

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8 comments

Asker

Posted

He did answer to my complaint saying he does not agree....

David Ivan Bliven

David Ivan Bliven

Posted

Merely sending a letter or e-mail to you is not a formal "Answer." A formal Answer would have the caption, state the paragraphs he's admitting & the paragraphs he's denying. He would also need to file same with the court along with an affidavit of service. If he didn't do all that, he's in technical default. I again encourage you to schedule a consultation appointment with a NYC Divorce lawyer to more fully discuss the case, as no definitive opinion can be rendered over the internet.

Daniel Yaniv

Daniel Yaniv

Posted

Even if he was properly served you will not be able to motion the court for a default judgment if he was served while in active duty. You may want to contact his supervising officer to put some pressure on him to cooperate.

David Ivan Bliven

David Ivan Bliven

Posted

I respectfully disagree. The Soldiers & Sailors Act (to which you are referring) does not divest a court of jurisdiction automatically. Instead, the proper rule is that a court will only stay a proceeding if there is a ruling that "in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.”

Daniel Yaniv

Daniel Yaniv

Posted

In my experience with similar matters in NY County Supreme, the referees or judges will not proceed especially if the defendant is in active military duty.

David Ivan Bliven

David Ivan Bliven

Posted

Certainly every case is different & must be judged on its own merits. But if the Judge/Referee does not proceed MERELY because the defendant is in the military, then they are not following the law - period (see, e.g., Warshawsky v. Warshawsky, 215 A.D.2d 374, 625 N.Y.S.2d 658 (2d Dept 1995)).

Asker

Posted

To get the facts straight, he was properly served and he answered to the court that he did not agree. So default judgement is not an option. He is done with active military and I have an official record showing he's done. He's just MIA and sends me emails saying "I'm not going to sign my rights away". I don't know what rights he's referring to ( no children, not much asset - only debt). He's just trying to screw me over by being MIA. How should I proceed?

David Ivan Bliven

David Ivan Bliven

Posted

In that instance, if he did properly answer, then I agree with the other posters that you'll need to file for a preliminary conference. I nevertheless strongly encourage you to set-up a consultation with a NYC Divorce lawyer to learn better how to proceed.

Posted

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.

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Posted

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.

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Posted

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.

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Posted

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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