New York Missing Spouse Divorce – Divorce by Publication

If you are unable to locate your spouse you may still obtain a divorce in New York. Believe it or not but many spouses loose contact with their divorce and obtain a divorce by publication. A missing spouse divorce, accurately known as divorce by publication, is a little more involved with additional requirements versus an uncontested divorce.

Before proceeding with a divorce by publication in New York, you should make a diligent effort to locate your spouse. Try contacting family members, former employers, friends, or even mailing a letter to a last known address for your spouse. These methods may aid you in locating your spouse. After locating your spouse you may be able to work with your spouse to complete an uncontested divorce.

In simple terms when you file for divorce the court requires that you notify your spouse that you have filed for divorce. This notice allows your spouse an opportunity to legally respond through the court. In an uncontested divorce your spouse can simply sign a document indicating that they are aware of the divorce and no response is needed since you and your spouse are in agreement on the terms of your divorce. In a contested case, your attorney will have the divorce papers officially served (delivered) to your spouse. However, when you are unable to locate your spouse, the court often allows you to give notice to your spouse by way of a public announcement printed in a local newspaper. Once the publication period has passed, and if your spouse hasn’t responded, you may then finalize your divorce as you would in an uncontested case.

If you truly do not know the whereabouts of your spouse and wish to proceed with a divorce by publication we can assist you. Please complete the form below and one our attorneys or paralegals will contact you to discuss your options: