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how do i obtain a divorce if i cant locate my estranged spouse

2 Answers. Asked on Aug 10th, 2012 on Divorce - New York
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Answered on Aug 10th, 2012 at 10:32 AM

You are able to file for divorce even if you are unable to locate your spouse. There are methods to obtain an order for "substituted service" when you are unable to serve your husband personally. If you have made diligent efforts to locate his whereabouts and have been unsuccessful, you can seek to obtain an order to serve him "by publication" through a local newspaper.

An experienced attorney can assist you in this process, which can generally completed relatively quickly and without the need for a court appearance.

Feel free to call me for a free telephone consultation today.

Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
(646) 587-0188
Matrimonial and Family Law attorneys serving Manhattan, Bronx, Brooklyn, Staten Island, Queens, Nassau, Suffolk, Westchester, Rockland, and Orange County.

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Answered on Aug 10th, 2012 at 8:09 AM

One can petition the court for permission to serve via publication - but only after a diligent search.

In case it isn't obvious, please note that the posting above may be considered attorney advertising.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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