How Long Does Divorce By Publication Take in NY? What to Know

What does one do if they want a divorce and can't find the other spouse? Though uncommon, it does happen.

In New York, if a spouse is missing and attempts to find them have failed, the legal system allows a publication divorce. This process requires one to get permission from the court to serve dissolution of marriage papers by publishing a notice, usually in a newspaper, instead of directly giving them to the other party.

Even if one party is absent, legal divorce proceedings can occur through this service. Therefore, both individuals receive a resolution during challenging circumstances.

However, a publication divorce can be confusing to handle alone, which is why it might be wise to hire an attorney. Let's focus on what this process entails, how it works, and the rules involved.

Divorcing When One Hasn't Seen the Other Party in Years

Divorcing a spouse one hasn't seen for a while is achieved with the appropriate steps.

The first step is to attempt to locate your spouse by checking with a previous employer, getting their last-known address, and reaching out to family and friends. If those don't provide leads, it might be best to hire a private investigator or search online records.

To locate a spouse, it's essential to document every attempt in the diligent search. Keep a detailed record of those efforts to demonstrate the commitment to finding them. That is crucial when pursuing alternative methods for divorce.

After a diligent search has failed, one can proceed with the divorce by publication method. This involves putting an ad in the newspaper about the dissolution of marriage in the spouse's last-known location. These requirements can vary, so it's wise to hire a lawyer. They can also advise on questions like how long does an uncontested divorce take in NY?

What Is a Publication Divorce?

A service is an official delivery of the summons to notify the other spouse of a dissolution of marriage. Generally, this happens in person. However, if they aren't locatable, the court might agree to a publication divorce, whereby the information is published in the local newspaper.

Originally, most people got their news through the newspaper, though this rarely happens anymore. Still, it's the law and is the only way one can serve a spouse divorce papers if they can't find them.

Searching for a Missing Spouse

While it sounds simple, New York law requires people to follow specific rules for a publication divorce.

There are two steps involved in a service by publication. First, one must file a summons with the court, which begins the 120-day waiting period. It's possible to get a fee waiver if there is a hardship whereby the person isn't able to pay. During this time, they must focus their search efforts on finding the other spouse. These can include:

• Sending paperwork through the post office by certified mail to the person's last-known address

• Searching the website for Social Security deaths

• Searching the Federal Bureau of Prisons website or the New York criminal court records

• Searching the Board of Elections website

• Searching on social media

• Contacting the last-known employer of the spouse

• Searching the US military website

• Searching internet/phone directories

• Searching the Department of Motor Vehicles

• Checking homeless shelters and local hospitals

• Contacting the spouse's friends and family members

  
  

If one is unsuccessful, an affidavit is prepared that details those efforts. It's possible to ask the court's permission to serve by publication.

Serving Divorce Papers by Publication

Generally, if the New York court agrees that the person made a good attempt to find their spouse, a judge grants the request for order service.

The court designates what publication to use, and one must get an affidavit of service to show that the summons was published.

A Last-resort Method

After the service requirement is met, one can request that the court grant the divorce. However, the process is time-consuming and cost-prohibitive.

Overall, this is a last-resort method to file for divorce, so it's best to exhaust other options if possible.

Serving an Order of Publication

When one cannot track their spouse through agencies, they could still file an affidavit stating their inability to find the other party. This is then submitted to the New York Ex Parte Office along with the divorce summons and the results of the search. A judge reviews them and makes the Order of Publication.

Once the judge signs the Order of Publication, it can be served to the spouse through the New York Law Journal. It must run for three weeks. The newspaper clerk will provide a signed statement if the spouse doesn't respond within that time frame, which certifies the summons was published. That statement is notarized, allowing one to proceed with the dissolution of marriage.

How Long Does Divorce by Publication Take in NY (Including the Legal Notice)?

If the search efforts for a spouse are unsuccessful, one can get an Order of Publication through an attorney. They're also able to answer questions such as how long does divorce mediation take in NY?

To obtain this, they must demonstrate a diligent effort to find the spouse. When the judge signs the Order of Publication, the attorney must publish a legal notice in the newspaper. This is the equivalent of "serving notice" through a summons, which informs them of the divorce action being pursued.

An Order of Publication has specific guidelines to follow. For example, the legal notice has to be published in the newspaper where the missing spouse was known to reside within 30 days of the judge's approval. It will specify the frequency and much more. Generally, it has to appear once a week for three consecutive weeks.

The missing spouse may not respond within 30 days after the last publication. In this case, divorce lawyers in Albany NY can file the divorce by default. Ultimately, this signifies that despite all the best search efforts and legal notices in the newspaper, they didn't respond to the intention of the marriage dissolution.

Therefore, the documents will be approved, and the divorce can be granted. This process takes about one year to complete.

Hire a Publication Divorce Lawyer in New York Today

Navigating a divorce is never easy, especially if you can't locate your spouse. However, Divorce & Family Legal is here to assist. We will help you understand your options and ensure that you make the best decisions for your situation. Call us to schedule a free consultation today.