Yes, I assume you have phone numbers,

But you file, they try and do legal service, if he will not be found, you will have to do notice by publication, ( costs more) and go ahead with the divorce.

I agree w/ the other post.

Also if your state is no fault divorce... you can get the divorce w/o his signature.

Also if your state is no fault divorce....you can get the divorce w/o his signature.

:rolleyes:

Are there still any states that are not no-fault?

No, "since October 15th, 2010 no-fault divorce has been legal in all 50 U.S. states, and the District of Columbia", http://en.wikipedia.org/wiki/No-fault_divorce#United_States_history.

Even if you are alleging something other than irreconciliable differences, you can get a contested divorce. The difference is that a disollution (divorce in which both parties agree, and therefore sign the papers) is often easier.

I agree w/ the other post.

Also if your state is no fault divorce....you can get the divorce w/o his signature.


What does being in a no-fault (divorce) State have to do with getting someone's "signature" on a divorce?

What are you talking about?

This isn't the old days where you had to say married to someone because they don't want to sign and make your life a nightmare. {oersonal reference removed}

Fault options are: Cruel and Inhuman Treatment, Abandonment, Three Consecutive Years Imprisonment or Adultery. With No-fault you don't have to prove one of the options I just mentioned, and you don't even have to be living separately. This makes the filing for no-fault divorce way easier.
You say that your marriage has "broken down irretrievably" (those are the words you must use in NY) for a period of at least six months. <~ That is how no-fault is used.

Then, you must have your spouse served (there are several ways to do so) and make sure to have proof (for the courts). The spouse has to respond in X amount of days (I believe only 20 days in NY) or the divorce goes through. Its divorce by default filing.

If your spouse tried to fight the divorce he/she will have to give a reason why - grounds which the court accepts (property, maintenance, custody, child support, etc).
If there is no reason for the spouse to contest except "I just don't want a divorce", that is not considered a legal reason.

If you end up in court and your spouse don't show, then you also get your divorce.

Reference: NY Judiciary Law § 35(8), NY Dom. Rel. Law § 237(a) and NY Dom. Rel. Law § 237(b)

Also, here is a little side note: In NY, whatever you keep separate IS separate. For example: inheritance from family members & money from a settlement. Provided you keep your money separate in a bank account w/ only your name on it.
Also your car is separate, if you bought it out of inheritance or settlement money. Keep proof of this for court.
Now... if you have a joint bank account w/ your spouse and you have placed ANY of your money from an inheritance or settlement into that joint account it is considered both spouses money. That can be split in a divorce.

For a complete legal answer, please call a divorce lawyer (I would call a few to compare and find one you like) and explain the situation. They will give you a free consultation. In this case, a publication divorce maybe possible. :) A lawyer can explain all the options and prices for your needs.
You can file the paperwork yourself, but I don't think it's a good idea. You want to make sure everything is done right, the first time. :)

But he has to be served, even in no fault, and I believe that is what they are saying, ( "he will not give me his address") so besides not signing the actual divorce, he is not accepting the summons to appear in court to do the divorce.

So while it is done, it just costs a lot more than one where the other party will sign the divorce paper work, and accept servcie.

This isn't the old days where you had to say married to someone b/c they don't want to sign and make your life a nightmare.

Your whole post here is well and good, but it has nothing to do with the OP's question. First the OP did not specify where they are, so citing NYS law doesn't necessarily help. Second, the question was primarily about informing the husband about the divorce petition. It is generally true that a default divorce can be granted if one party refuses to sign. But it has to be shown that the petitioner served notice on the other party or made a legal good faith effort to do so. So all tha twas necessary was the third paragraph, nothing else. But, again, you only cite NY law which may not be applicable for the OP.

Reference: NY Judiciary Law § 35(8), NY Dom. Rel. Law § 237(a) and NY Dom. Rel. Law § 237(b)



What exactly do you think this has to do with anything you have posted??

N.Y. JUD. LAW § 35 : NY Code - Section 35: Assignment of counsel to indigent persons and appointment of physicians in certain proceedings


N.Y. DOM. LAW § 237 : NY Code - Section 237: Counsel fees and expenses



N.Y. JUD. LAW § 35 : NY Code - Section 35: Assignment of counsel to indigent persons and appointment of physicians in certain proceedings (http://codes.lp.findlaw.com/nycode/JUD/2/35)

N.Y. DOM. LAW § 237 : NY Code - Section 237: Counsel fees and expenses (http://codes.lp.findlaw.com/nycode/DOM/13/237)


Its not even relevant to anything being asked or discussed by the OP.

But I guess the codes were pasted wrong.

Then you should have posted the links where you got your information from. Otherwise your committing plagiarism. You should at least give credit to someone else's original thoughts.

{Mod note: Quoted posted removed}