my husband left since two years ago I have no idea of where he is at but I have moved on with my life and I have meet someone that I am ready to get serious with but I need to get a divorce before I can move on with my life
You hire an attorney to do a "diligent search" for the husband and, if that fails, you have the attorney seek court permission to serve by alternate means - and you get your divorce.
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.
Hire a private investigator to search for him. If he cannot be found after a due dillegent search you can ask the court to serve him by publication in a newspaper.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
I agree with the information provided. Also, you might be surprised by what you can discover on the internet and social media platforms. Start there.
You can get divorced. Contact and attorney to help you so you can move on with your life in peace. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
This is not an unusual set of circumstances. We've handled many of these publication or "missing spouse" divorces. Our recommendation is always to use private means (family, mutual friends, a little digging on your own - the internet and otherwise) to try and locate the missing spouse. If unsuccessful, then you can begin the process of a publication divorce - which can be time consuming and expensive. Basically, your missing spouse has a right to be served with papers when a divorce case is commenced against him or her. If that spouse's whereabouts are unknown and remains unknown, the process of serving him or her requires a diligent search - including searches using his or her last know address of the military, voter registries and such. AND THEN you have to make an application to the court to publish the service of process and then actually publish for a number of weeks...as you can tell, it's much easier if the spouse can simply be served. If you don't have a choice then seek an experienced attorney - the paperwork is heavy and a bit complicated. Good luck!
In cases where you want to divorce your spouse, but you do not know where your spouse is, you must undertake a diligent and exhaustive search to find him or her. You may need to retain an attorney and a private investigator. A divorce case is a lawsuit. In a divorce case and in all other civil cases, the law requires that you give notice to the person being sued and prove that you provided appropriate notice. The challenge in this type of case is to find the person and serve him or her with a Divorce Summons. Contact an attorney as soon as possible for further information about Service by Publication.
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