Starting the next chapter of your life can be difficult when your spouse’s location is unknown. However, you can still end your marriage. The process requires additional steps to ensure your spouse’s constitutional right to due process is safeguarded. Please continue reading to learn what happens when a spouse is missing or actively avoiding service, and how an experienced Nassau County Divorce Lawyer can guide you through the steps needed to proceed with the dissolution of your marriage.
Do I Have to Serve My Spouse Divorce Papers?
First and foremost, it’s crucial to understand that New York State law requires you to serve divorce papers to your spouse to ensure they are made aware of the divorce action and have an opportunity to file a response. While you are required to formally serve divorce paperwork, you cannot do so yourself. You will need to enlist the help of a professional process server, a friend, or a relative who is at least 18 years old.
If your spouse’s location is a mystery, you must petition the court for permission to use an alternate method. Before the court will allow you to pursue an alternate method of service, you must prove that you executed a diligent search. This means you have exhausted all reasonable methods to locate your spouse but have come up empty-handed. Your failed attempts must be documented.
What Does the “Divorce by Publication Process” Entail?
This is a common alternative used when your spouse cannot be found or is actively evading service. This process requires you to publish a notice of the divorce action in an approved, local newspaper. You must take reasonable steps to find your spouse before the court will approve this alternate path. If you satisfy the diligent search requirements, the court will issue an order allowing you to move forward with divorce by publication.
The publication typically must run in the paper for a consecutive period and must be published in the country where the divorce is filed, or the jurisdiction where your spouse was last known to reside. It should be noted that you will be responsible for the publication fee. Once the divorce action hits the paper, your spouse will be afforded 30 days to respond. If they don’t come forward after this period, the court can grant a default divorce.
A default divorce allows the petitioner to proceed and obtain a final judgment without their spouse’s input. The filing spouse will likely be granted the terms they propose as long as the court deems them fair.
If your spouse cannot be located, don’t give up hope. At the Law Offices of Jay D. Raxenberge, P.C., we are prepared to help you move on to the next phase of your life. Connect with our dedicated legal team today to schedule your initial consultation.
