Legal Question in Family Law in New York

Under the new No fault divorce law that passed in New York State do both parties invovled in the divorce have to consent and or be present ( meaning what if one spouses isnt able to be located because they left the country long ago) in order to be able to file for divorce under the no fault law?


Asked on 8/23/10, 8:41 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

No, both spouses do not have to be present or consent. However, the other party does have to be served.

If they are missing it is possible to get court permission to serve via alternate means.

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Answered on 8/28/10, 9:23 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

You can do a "divorce by publication." Call or email me for details on how this works.

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Answered on 8/30/10, 7:01 am


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