As Saratoga divorce attorneys with over 20 years of experience, we know how to handle a wide variety of cases. A question that occasionally comes up is, “What happens if I want a divorce but can’t locate my spouse?”
The State of New York requires that a spouse be personally served in an action for divorce. If your spouse’s whereabouts are unknown, you can understand how this can be problematic. Nevertheless, we would be more than happy to help.
Divorcing a Missing Spouse
There are many scenarios of how a situation like this can come about. Whatever the circumstances might be, our only goal is to help you move on to the next chapter of your life. If your spouse cannot be located, you are able to apply for a 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 in question 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 local newspapers in the last known area where the spouse resided, or by any other alternative means deemed appropriate by the court.
Our Attorneys Want to Help You Meet Your Goals
At the offices of Mahserjian & Mahserjian-Ortiz, PLLC, it is our policy to facilitate client-directed strategies. We understand that it is the clients, and not the attorneys in the office, who live with the results of the decisions made. Our goal is to educate our clients regarding the options and attendant risks involved in their cases and to encourage our clients to work with us in setting the strategies and objectives of their cases.
If you have any questions regarding divorcing a missing spouse, or if need legal assistance with any type of family law matter, contact our office today. We look forward to hearing from you.
