Saratoga Divorce Lawyer Discusses How To Divorce a Missing Spouse
If an individual wants to get divorced but cannot locate her or his spouse, this can be problematic. The State of New York requires that a spouse be personally served in an action for divorce. If the spouse cannot be located, a divorce seeker can apply to the court by motion, seeking alternative or substituted service. If there have been reasonable yet unsuccessful efforts made to locate and serve the spouse, or if the spouse is repeatedly dodging service, this information can be included in a motion to the court. At that point, the court may direct that the spouse be served by publication in two local newspapers in the last known area where the spouse resided, or by any other alternative means deemed appropriate by the court.
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