Obtaining a divorce when a spouse is missing presents unique legal challenges. However, it’s possible to dissolve your marriage under such circumstances, as long as you follow the court’s procedures. Please continue reading as we explore how you can get a divorce if your spouse is missing in New York and the importance of engaging with a seasoned Garden City Divorce Lawyer for guidance.
Can You Get a Divorce if Your Spouse is Missing?
Previously, court approval for a divorce required both spouses to consent. However, you can now file for divorce even if your spouse’s location is unknown. The crucial step is that you must make a formal attempt to notify your spouse of the legal proceedings.
Generally, divorce papers must be formally delivered to the respondent to ensure that they are made aware of the divorce action and have an opportunity to respond. When a spouse’s whereabouts are unknown, traditional service methods become unfeasible.. In such instances, courts may permit alternative service methods, most commonly “service by publication.” This entails publicizing the divorce action in a newspaper of general circulation, usually in the last known area of residence of the missing spouse. The underlying principle is that this public notice constitutes a reasonable attempt to inform the absent party, even if they don’t personally encounter it.
Before the court will grant service by publication, the petitioner will need to demonstrate that they have made diligent efforts to locate their partner. This often involves contacting family and friends, checking last known addresses, searching public records, utilizing private investigators, or checking social media and online presences. The court must be convinced that all reasonable avenues have been exhausted before allowing a divorce to proceed without direct personal service.
It’s important to note that if a spouse has been missing for a substantial period, they may be presumed legally dead. This will effectively end the marriage. Pursuing a divorce is typically a more direct path if the primary goal is to legally dissolve the union.
What is a Default Divorce?
As long as you have followed the court’s procedures, if your spouse fails to respond to the divorce papers, you can request a “default” divorce. Essentially, you will be asking the court to grant the divorce and enter the orders requested in the divorce petition without the input of the other spouse. The court will grant the orders requested if they are fair and practical. If your divorce involves minor children, they will review the best interest standards and the unique circumstances of the case before determining custody and child support.
If you are seeking a divorce and your spouse is missing, it’s crucial to consult with a skilled attorney from the Law Offices of Eyal Talassazan, P.C., who can help guide you through every step of the legal process. Connect with our firm today to learn how we can assist you.
