Can I be separated and get a domestic partnership?
If you are separated from a marriage and moved on, you might be wondering if you require a full divorce before you start a domestic partnership with another person. Albany divorce attorney, Jennifer Sunderlin Morton has the experience in family law to guide you through the right steps to start your divorce.
Question:
I am still legally married but we separated a year over a year ago due to domestic violence.i ended up in the ER cause he beat me badly I tried to get a order of protection against him but couldn’t find him to serve him nor file for a divorce. I moved on and found love and was wondering I’d I would be able to get a domestic partnership with with him . I can provide proof of the dv and court papers.
Answer:
A Domestic Partnership is a legal relationship, like a marriage. You cannot enter into a domestic partnership, or marry someone else, if you are still married. You would need to first obtain a divorce, notwithstanding your DV history.
There are ways to obtain a divorce, even if you do not know where your spouse is presently located. I strongly advise that you consult with an experienced local attorney. An attorney may be able to help you locate and serve your spouse so that you can move forward with the divorce process and move on with your life. If your spouse cannot be served by traditional means, you can ask a court to authorize an alternative means of service (like by a brief publication in two local newspapers in the last known area where your spouse was located). Again, an attorney can help you with this.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced Albany Divorce Attorney. This does not consent an attorney client relationship.
To speak with the lawyers at Jean M. Mahserjian, Esq., P.C., call us at the number above. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.
