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Uncontested divorce,spouse moved out of the country

Brooklyn, NY |
Filed under: Uncontested divorce

Me and my soon to be ex husband want to file for uncontested divorce, we have been separated for over a year,but the paperwork states that the defendant must be Served. My husband moved to Germany and not planning to be back to New York anytime soon. What are my options? Can i still file? Thank you

Attorney Answers 4


You can file. If your husband will cooperate, provide him with the Affidavit of Defendant and have him get it notarized by the vice consul.

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You can file. Your husband can accept service in writing or you can have him served in Germany. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.

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If he is willing to go to a U.S. Consulate and have documents notarized or if he can find another U.S. notary in Germany and will return the appropriate documents, yes, you can still file an uncontested case. However, if he refuses, you will have to properly serve him with a Summons and Complaint and seek a divorce on a contested basis. In that case you will almost certainly need the assistance of an attorney.

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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As long as he is willing to cooperate its as simple as forwarding an affidavit for him to sign. The only requirement is that he have it notarized at an embassy or consulate as the court will not accept an acknowledgment from a foreign notary.

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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