Divorce By Publication in New York: If you are unaware of your spouse’s whereabouts and cannot serve them with any papers at all, you can still get divorced through a process called divorce by publication. This option is not for people who can let their spouse’s know, somehow, that they have filed for divorce. That option is called divorce by default. This is the last resort for those married people who cannot reach their spouses, even to let them know that you are filing for divorce.
The process requires a judge’s permission. Once you have obtained the okay from the judge, you must then publish the summons for divorce in a newspaper. The idea is that your spouse, or someone they know, will read the summons and they may respond to the divorce.
Often, this method does not reach the spouse, but the court allows this method of service in order to allow a party to obtain a divorce when the other party is missing. Often, this method of divorce is used when a spouse resides in another country. If you think you may need a divorce by publication, contact our attorneys who can help you to navigate through the process.
Even though a divorce by default may be the only solution for some people, it is not always the best option. If your spouse suddenly reappears, even after you obtain the divorce by default, they can ask the judge to “re-open” the divorce. Your spouse will have to have a very good reason for not responding the first time around for the judge to agree to do this, however.
If you are in a situation that requires a divorce by default, please call our office and we can give you a more in-depth consultation on your specific case.
Please note that the information contained in this web site is general information regarding the law. Nothing contained herein constitutes the formal rendering of legal advice, nor can the creation of an attorney/client relationship be formed by merely visiting this web site. The law can be quite complex and nuanced and is constantly changing.