If you don’t know where your spouse is and you want to get divorced, then you have two options.
- Locate your spouse, or
- Do a Publication Divorce
We get a lot of inquiries from people wondering if the new NY no-fault divorce law somehow alleviates them from having to let their spouse know that they are divorcing them. A lot of people split up with their spouse’s and then lose track of them and wonder if they can get divorced without knowing where they are.
The short answer is no.
The new no-fault divorce law did not due away with the fundamental Constitutional right of Due Process. The US Constitution gives every citizen the right to be made aware when a legal action is being taken against them. If not, then you could be thrown in jail without being told why or sued without being made aware so you could defend yourself.
The same is true in divorce. You have a right to know that your spouse is trying to divorce you. The new no-fault divorce law only permits you to get divorced without having to accuse your spouse of adultery, abandonment, sexual abandonment or cruel and inhuman treatment. Now, if your marriage isn’t working for the last six months you can get divorced without having to jump through the tedious hoops of proving fault grounds. The new no-fault divorce law does not allow you to end your marriage unilaterally without letting your spouse know, regardless of whether you know where he or she is.
So, if you don’t know where your spouse is then you have to look for them. If you can’t find them, then your only option is to file a publication divorce, which is a costly and time consuming ordeal.
There are many ways with today’s modern technology to find your spouse. If you don’t feel comfortable investigating your spouse’s whereabouts, we can help you or you can hire a private investigator.
And if yo can’t locate him or her, we can still help you get divorced!
If you want to get divorced but don’t know where your spouse is, give us a call and we can discuss your options. For a free consultation call (866) 830-2064.