We were married on 5/30/2010. We split in October 2010, she left N.Y. and i have no idea where she is. I would like to remarry later this year so i need a divorce soon.
The requirement in NY State is that, in order to get divorced, a plaintiff spouse MUST have the defendant spouse served in person in the first 120 calendar days after the divorce case is filed. The 120 days includes all holidays & weekends, no exceptions.
There are only 2 other ways in which to issue of service upon the defendant spouse can be completed. The 1st method is to ask the Court for permission to engage in 'alternate service via publication' that involves the publication of a tiny newspaper ad in the classifieds for normally 3 consecutive weekends. This method is very costly.
The 3rd method I am not discussing in this forum. These posts are Not intended to assist the person posting the question to somehow get around having to hire a lawyer by picking & choosing at advice given for free that can only be acquired by a lawyer after years & years of hard work, sacrifice & hard lessons learned from dealing with extremely difficult situations. NO lawyer who has practiced in Divorce Law for at least 10 years can say that he/she has never made a mistake. It is a joke to think that anyone can make a statement like that.
As for your situation, use the internet to find where your wife lives. I hardly doubt that she has moved outside of the US OR is 'living off the grid' as in living in forest somewhere. Using social media & general address searches, you can narrow down where she lives OR ask enough of her friends/relatives/co-workers/former co-workers to get an idea of where she currently lives, then have a process server deliver the documents to here there.
If you cannot find her by any means, you will need to commence an action for divorce and have your attorney make a motion to the court to serve her by an alternate means such as publication in a newspaper. I recently had a judge approve service through Facebook.
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