I Don’t Know Where my Spouse Lives: Can I get Divorced?

Jan 20, 2021

Divorce is hard on everyone who goes through it. You should aim to get through the process with as little stress and pain as you can. To do so, you must familiarize yourself with all that must be done. This starts by hiring a Brighton Beach divorce lawyer. A Brighton Beach family lawyer will take you through each step of the divorce and will ensure that your interests and rights are protected along the way. 

The first act is to serve your spouse with papers. This is the act that notifies them of your intention to sue for divorce. The papers will go to their last known address. If you do not know where your ex has moved since you separated, you can ask the court for an Order of Notice Publication. This involves running a notice in a newspaper that you intend to divorce your spouse. This notice should be run in a newspaper nearest the city in which they were last known to live. You should run the notice for about 3 weeks. 

If your ex does not respond, your lawyer can proceed with finalizing the divorce. Your spouse need not be present for you to divorce them. If the judge is satisfied that you did all that you could to notify them of the divorce, then they will allow the divorce to go through by default. The judge will furthermore issue rulings regarding property division, division of assets and debts, and child custody and support. 

It is best if both parties to a divorce are present and actively engaged as the matter proceeds through the courts. But if this is not possible, if your spouse has absconded and you have no means of finding them, this will not stop you from getting on with your life. 

If you need help in getting through a divorce that involves an absent spouse, then you should speak to a divorce lawyer Brooklyn at the Levitsky Law Firm.