Divorce by Publication in Brooklyn
Effective Measures Free Abandoned Spouses
It's a basic principle of fairness in our legal system that every accused
person has a right to confront his or her accuser and any witnesses against
him or her. You can't take legal action against someone behind his
or her back, even for divorce. However, the law has exceptions for people
who deliberately make themselves hard to find. If you don't know where
your spouse is, and you want to get on with your life, our
Brooklyn divorce lawyers at Coffinas & Lusthaus, P.C. can help you by facilitating your divorce
by publication. For over 15 years, we've capably assisted abandoned
spouses in obtaining default judgments that finally set them free.
Your Rights & Your Duty to Perform Due Diligence
According to New York divorce requirements, when you
file for divorce, you have a duty to serve the necessary pleadings to your spouse. Plaintiffs
usually accomplish this with the help of a process server. But, if you
have no address for your spouse, no phone number, no place of employment,
and no relative of your spouse to contact, how can you affect process?
The law allows you to make a motion to the court to order service by publication.
But in your motion, you must demonstrate that due diligence has yielded
no results, meaning you:
- Checked phone listings in the area of your spouse's last known address
- Inquired with friends, relatives, or former employers of your missing spouse
- Inquired at the post office for a forwarding address
- Contacted the DMV to see if there are any registration records, and the
military to see if they are enlisted
- Pursued other reasonable avenues of investigation, which these days may
include Internet and social media searches
Coffinas & Lusthaus, P.C. assists in your investigation, carefully
documenting all efforts to support your motion.
Our Divorce Attorneys Help You Through the Process
If your search has come up empty, we can file a Notice of Motion for Alternative
Service, asking the court to order Service by Publication. If the court
agrees, the judge will order you to publish a summons in a specific newspaper
starting within 30 days, and appearing once a week for three weeks. If
your missing spouse does not respond within 30 days of the notice, the
court will consider your spouse in default and will schedule a hearing
to finalize the action.
Contact our firm at (718) 717-1005 to begin receiving skilled legal counsel.