When you initially break the news to your spouse that you wish to part ways and get a divorce, they may remove themselves from your shared living space. You may understand their need to be alone and process this information privately. However, you may become growingly concerned if you do not know where they went and cannot track them down. In this case, please read on to discover how to file for divorce if you cannot find your spouse and how a seasoned Manhattan divorce attorney at Zimmet Law Group, P.C. can help you move forward with this process in the best way possible.
What locations are divorce papers typically served in New York?
First off, you cannot serve your spouse with divorce papers yourself, but rather you must ask a process server, a sheriff, or anyone else over the age of 18 to do so on your behalf. From here, this individual may serve your spouse at their current place of residence, their place of business, or their frequented place of habitation (i.e., a hotel, their new partner’s place of residence, etc).
What efforts can I make to find out my spouse’s current location?
If your spouse cannot be found at their most frequented locations after multiple attempts are made to serve them with divorce papers, you may need to take a step back and think further about where they might be. Though it may be scary to think about, you may have to search local hospitals, mental institutions, rehabilitation centers, or jails. And though you may not be close or did not leave on good terms with their relatives and friends, you may have to reach out to them and inquire. You may even do a quick search of their public social media accounts to see if they posted anything about their whereabouts recently.
How do I file for divorce in New York when I cannot find my spouse?
Despite your good faith efforts, you may be unsuccessful at finding your spouse’s current location. You must prove that you made reasonable attempts, such as those mentioned above, to the New York State Family Court. From here, you may request the court’s permission to proceed with a divorce by publication.
With this method, you may have to publish a notice of divorce in the local newspaper nearest to your spouse’s last-known residential address. This must be published once a week for at least three weeks. If your spouse has still not responded within this timeframe, you may petition the court for an Affidavit of Marshal Service.
Ultimately, hopefully, the court may grant a divorce by default. Here, your wishes for alimony, child support, child custody, and property division disclosed in your initial Complaint for Divorce may be heavily considered in the final judgment.
If you are unsure of the next step, turn to one of the competent New York City matrimonial and family law attorneys for guidance. Our team at Zimmet Law Group, P.C. will jump in whenever you give us the word.
