1 Answers
Lucia, if you cannot locate your spouse, you can still get a divorce, but you’ll need to follow a specific legal process. In New York, when a spouse is missing, the court allows divorce by publication as a last resort.
Make a Good-Faith Effort to Locate Them – You must show the court that you tried to find your spouse. This includes checking their last known address, contacting relatives or employers, searching social media, and even hiring a private investigator if necessary.
File for Divorce & Request Alternative Service – If your spouse can’t be found, you will file for divorce and submit a request to the court for alternative service, typically by publication.
Serve Divorce Papers by Publication – If approved, the court will order you to publish a legal notice in a newspaper for a set period (usually a few weeks). This serves as legal notification of the divorce.
Proceed with a Default Divorce – If your spouse does not respond within the required timeframe, the court may grant a default judgment, finalizing your divorce without their participation.
Since this process has strict legal requirements, it’s best to work with a divorce attorney to ensure everything is done correctly.
This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.
