QUESTION
How can I get divorced without having to find my spouse?
Asked on Apr 16th, 2013 on Divorce - New York
More details to this question:
Been trying to get divorced for 5 years now I've filed 3 different times and working on a fourth but my ex spouse has not been compliant with the divorce papers. I'm sick of having to chase her down all the time. She is constantly moving and changing her address and I currently do not know where she is. I received full placement and custody of our son through CHIPS but still have to pay support. I want to be done with this and move on with my life with my current girlfriend of 4 years.
3 ANSWERS
You should consult a family law attorney about service alternatives that would allow you to move forward. You should also review all of the facts surrounding your support obligation as there may be changes that could be made.
Answered on Apr 18th, 2013 at 8:36 PM
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Service by publication; Check with your local library or Domestic Clerk's Office. It would be part of the divorce filing.
Answered on Apr 18th, 2013 at 1:29 AM
First of all, once you have your spouse personally served after filing, then the action is considered joined. So if you still have an index number that was properly served on your spouse, and you have an affidavit of service showing that she was served, then you do not have to start a new one. However, if you were unable to have her personally served before, and need to start a new case, then you will have to try and get her personally served with the new divorce papers. If you do not know where she is at the moment, then you will have to do due diligence to locate her, including hiring a private investigator to locate her. If they are unable to do so, and provide you with an affidavit of due diligence, then you will have to apply to the court for alternate service including nail and mail service to her last known address or service by publication by posting a legal notice which requires a number of conditions to be met. In terms of the child support, however, if your son now resides with you, but you are still paying child support for an on-going child support order (that is to say, not paying off owed arrears), then you should immediately file a Petition for Modification of a Child Support Order based on a change of circumstances as you are now the custodial parent of your son.
Answered on Apr 18th, 2013 at 12:08 AM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com