Legal Question in Family Law in New York

There are ways to deal with a missing spouse, including, most often, service by publication. Because this is an unusual way to do things and is a bit complicated, you should discuss the facts and circumstances of your specific situation with an attorney dealing in divorce law.

If I can be of help, please feel free to get in touch.

If you have no address for the other party, you will have to file for the divorce and ask the Court permission to make a motion for publication of the divorce (place a legal notice in a newspaper.) The process takes about 6 months or so. Fees vary depending on which county you reside in. Good luck.

Jacqueline Harounian

It is very common that the spouse is missing, however the divorce is still possible.

It is necessary to show that diligent efforts were made to find your spouse, and then permission of the court is sought to make publication in a newspaper and that is how your spouse is to be notified. If s/he does not respond, you proceed as if it is uncontested divorce and obtain your judgment of divorce.

I agree with all the previous answers. You can get the divorce. It does require a diligent search for your spouses whereabouts. If he can't be directly located, you need the court's permission to serve him by publication. The costs and time vary based upon the jurisdictions. It is not a cheap endeavor.