Understanding Getting a Divorce Even If You Can't Locate Your Spouse - NY State Law

I’m Roberta Feldman, an attorney with Gray and Feldman. We’re located in Penfield New York directly across from Panorama Plaza.

A question that I often am asked is can I get a divorce if I can’t find my spouse. So the answer is yes, however, we need to be able to present to the court proof that we have tried to find the spouse. So you as the client will need to do some leg work and then I as the attorney need to have our process server or a third party actually sign an affidavit and present that to the court. So ways that we attempt to find this person is last known address, perhaps a parent’s address, last known work address, or any other identifying factors. In recent years, the courts have allowed for service through a newspaper but even more recently, a court has allowed service through Facebook if it appears that the person uses the Facebook account and that that is a legitimate means of notifying him or her. So all of that information must be presented to the court because it hinges on our due process rights in the law based in the constitution. If you have any further questions regarding this or something similar, please feel free to call the office at 585-218-8620 or visit our website at www.gfrllp.com.