Legal Question in Family Law in New York

divorce in absentia

My brother's estranged wife was taken out of the residence (in NY) because of a restraining order back in 2006. She has moved to Florida, and has lived there the last 6 years. The only contact my brother receives are emotionally fuel filled emails with threatening content. There are warrents issued here in NY for her, so we fear she is safe there to continue her harrassment (he does not change his email because he wants to use her mails as evidence should he need to). She refuses to give us information to have divorce paperwork sent to her. Can a judge review the evidence and declare the marriage dissolved without her consent/contest?

Asked on 4/26/12, 12:35 am

1 Answer from Attorneys

Steve Brodsky Esq.

No. She must be personally served with papers. If you absolutely cannot locate her, you can attempt to do a "divorce by publication". This is an expensive and tedious procedure. If you have a lawyer do this for you, very few will know how, and the ones who do will likely cost over $3000. I do not suggest that you try this yourself. If you do one thing improperly, your case can be dismissed and all your time and money will have been wasted. Contact a divorce lawyer to discuss your case. Call or email us if you'd like. New York Divorce Lawyer ... 646-400-0246

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Answered on 4/26/12, 8:38 am

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