New York Publication Divorce

How Do I Get a Divorce When I Can’t Find My Spouse?

How Do I Get a Divorce When I Can’t Find My Spouse? If you are married but don’t know where your spouse is we can still help you get divorced.

New York law requires that we serve your spouse the divorce documents so that he or she will have an opportunity to respond.

Although, obviously if you can’t find your spouse then serving them the documents is not possible.

In New York, if you can’t find your spouse to serve them the divorce paperwork, you need to do a Publication Divorce. A Publication Divorce is the only way to divorce a missing spouse.

So don’t worry – even if you can’t locate your spouse – we can still help!

We’ve helped many clients obtain divorces without their spouses’ signatures. The only requirement for a unilateral divorce is that you must not know where your spouse is located.

If you don’t know where they are and we can’t find them, then we can help you get a divorce without your spouse’s signature. They don’t even need to be served for that matter. The publication of the notice in the newspaper acts to put them on notice. Pretty cool, huh? More about this later…

What is a Publication Divorce Anyway?

In short, a New York Publication Divorce is when the Court allows us to publish a legal notice in the newspaper to put your spouse on notice of the fact that you’ve filed for divorce.

This is known as a “legal fiction” or “constructive notice” because the chances that your spouse will read that specific newspapers is one in a billion.

Even though this seems ridiculous to you and me both, this is the law. We have to work with the law in order to get you divorced.

Let’s Put on Our Sherlock Holmes Hats

The first step in obtaining your Publication Divorce is we need to conduct a diligent search for your spouse.

We need to search the following places for your spouse:

the five branches of the United States Military (the Army, Navy, Air Force, Marines and Coast Guard)
the Board of Elections for the appropriate boroughs or counties
the New York Department of Motor Vehicles
the Post Office in the appropriate boroughs or counties
the telephone and internet directories of the appropriate boroughs or counties

We need to document all of our efforts so that we can show the Court that we’ve searched high and low for your spouse but came up empty-handed.

Let’s File a Motion

Once we’ve conducted our thorough search and failed to locate your spouse, then we need to file a motion with the Court to ask them to allow us to do a Publication Divorce.

To support and substantiate our motion request, we will prepare an Affidavit detailing all of our search efforts. Also, we will prepare an Affidavit for you to sign and notarize as well.

The Court will proscribe the requirements for the publication of the legal notice. Usually, it is to publish a legal notice in the newspaper once a week for three consecutive weeks.

Once the Court grants our motion, we can officially start the divorce.

Let’s Get You Divorced

Now we can file the usual divorce paperwork – the Summons with Notice to get the divorce officially started in the Court.

Obviously, we need to meet the Court’s requirements and need to publish the notice in the way that the Court proscribed.

Once this publication requirement is met, we will file the final papers and request that the Court grant you your divorce.

Technically it will be a default judgment that we’re requesting on your behalf – because your spouse allegedly is put on notice of the divorce via the publication of the legal notice and failed to respond.

Regardless of what the technical legal name of the judgment is – it’s still a legally binding divorce.

Tips and Warnings

I only recommend a Publication Divorce if you truly can’t find your spouse. If you can somehow locate him or her, doing so will ultimately save you time and money.

Also, if you could have easily located your spouse, then he or she could always come back and challenge the default judgment. So, if we’re going to do a Publication Divorce, let’s make sure we do it right. This will save you headaches down the line.

Call now for a free consultation to learn more about how we can help get your divorce even if you can’t locate your spouse – (866) 830-2064.

NY Publication Divorce FAQ

Frequently Asked Questions About New York Publication Divorce

At David Centeno Law, we understand that getting divorced when your spouse is missing can be overwhelming. If you cannot locate your spouse, you may need a publication divorce—a legal process that allows you to proceed with your divorce even if your spouse cannot be found.

Our experienced New York publication divorce lawyers handle every step of this complex process for you, ensuring your case moves forward quickly and efficiently so you can get the fresh start you deserve.

Understanding Publication Divorce in New York

Q: What is a publication divorce?

A: A publication divorce is a legal method of divorce when one spouse cannot be located to be served with divorce papers. Instead of serving them personally, the court allows us to publish a divorce notice in a designated newspaper to fulfill the legal requirement of notifying them.

Q: When is a publication divorce necessary?

A: A publication divorce is required if:
✔ Your spouse has been missing for an extended period.
✔ You have no valid address or contact information for them.
✔ They have left the country or are avoiding service.
✔ You have exhausted all reasonable efforts to find them.

At David Centeno Law, we handle all of the legal requirements for you—ensuring the court approves your request for publication so your divorce can proceed without delays.

How We Help You Get a Publication Divorce

Q: What steps are involved in a publication divorce?

A: The process involves several complex legal steps that we handle entirely on your behalf:

1️⃣ Filing for Divorce – We prepare and file your divorce petition with the court.
2️⃣ Diligent Search for Your Spouse – New York law requires that you attempt to locate your spouse. We conduct a thorough investigation, including searching public records, social media, DMV records, and more.
3️⃣ Motion for Alternative Service – If your spouse remains untraceable, we file a formal request with the court for permission to serve by publication.
4️⃣ Court Approval & Publication – Once approved, we publish the required divorce notice in a court-designated newspaper for the legally required period.
5️⃣ Finalizing Your Divorce – If your spouse does not respond, we request a default judgment, finalizing your divorce without their participation.

This process can be overwhelming without an attorney, but with our expertise, we make it as smooth and stress-free as possible.

Legal & Court Requirements

Q: How long does the publication need to run?

A: New York law typically requires that the divorce notice be published once a week for three consecutive weeks in a court-approved newspaper.

At David Centeno Law, we handle all newspaper arrangements so you don’t have to worry about the details.

Q: What happens if my spouse never responds?

A: If your spouse does not respond within 40 days of the final publication, we can request a default divorce judgment on your behalf.

Q: Do I have to go to court for a publication divorce?

A: In most cases, you do not need to appear in court. We handle all filings, negotiations, and legal procedures so you can focus on moving forward.

Why You Need an Experienced Publication Divorce Attorney

Q: Can I do a publication divorce on my own?

A: The publication divorce process is legally complex and requires:
✔ Proper documentation and legal filings
✔ A thorough “diligent search” that meets court standards
✔ Strict compliance with court deadlines
✔ A formal motion to approve publication service

Mistakes can lead to court rejections and delays, which is why working with an experienced New York publication divorce attorney is crucial.

We ensure your divorce proceeds quickly and efficiently, without costly errors that could prolong the process.

Q: How long does a publication divorce take?

A: While every case is different, the general timeline is:
⏳ Diligent search efforts – 1 to 2 months
⏳ Court approval for publication – 4 to 6 weeks
⏳ Publication period – 3 weeks
⏳ Final waiting period – 40 days after the last publication
⏳ Final divorce judgment – Typically within 2 to 6 months

🚨 Without proper legal guidance, cases can take much longer due to errors in filings or missing deadlines.

Costs & Financial Considerations

Q: How much does a publication divorce cost in New York?

A: The cost varies based on the complexity of your case and newspaper publication fees, but typical costs include:
💰 Court filing fees – $375
💰 Publication fees – $400-$1,000+ (varies by newspaper)
💰 Legal fees – We offer affordable, flat-fee options

At David Centeno Law, we provide transparent flat fee pricing and help you find the most cost-effective way to complete your divorce.

Common Concerns & Challenges

Q: What if my spouse reappears after I finalize my divorce?

A: If your divorce was granted by default judgment and your spouse later appears, they may try to challenge the ruling. However, if you followed all proper legal steps, your divorce remains legally valid.

By working with our firm, we ensure that your case is airtight and legally sound, minimizing the risk of future challenges.

Q: What if my spouse is in another country?

A: If your spouse is overseas and cannot be served, a publication divorce may still be an option. We will review your case and determine the best legal strategy to finalize your divorce.

Final Thoughts & Next Steps

Q: Is publication divorce the right option for me?

A: If your spouse is missing, unreachable, or avoiding service, a publication divorce is often the only way to legally end your marriage.

At David Centeno Law, we provide:
✔ Comprehensive legal support from start to finish
✔ Court-approved diligent search assistance
✔ Hassle-free handling of all legal filings
✔ Personalized attention to ensure a smooth process

Q: How do I start my publication divorce?

A: Don’t navigate this complex process alone. Contact David Centeno Law at (866) 830-2064 to schedule a confidential free phone consultation.

We will handle everything—from searching for your spouse to securing your divorce decree—so you can move forward with confidence.