Husband disappeared without signing divorce papers

You should find out how to put the divorce notice in a national paper and give him however many days he has to respond in NY and if he does not respond then go file for motion of default and the court house should set up a court date if so the nyou should put that in the paper and just hope for a no show!

No one wins in divorce only the Lawyers do!

  • had to correct typos*

Dear Gladiator:

Greetings. Yes, you can file for divorce, alimony, and equitable distribution (if the rest of your facts are ok) and serve your spouse with the papers by PUBLICATION…if you were in North Carolina. Now, in NY, I have no idea what you will have to do. Best bet - consult an attorney there and don’t let this linger on. Many, many clients wished they had never stayed married to a disappeared spouse when they found someone new and wanted to marry them, but had to wait months on the divorce.

On the other hand, if there is a potential for your spouse to earn more than you, you could always stay married for 10 years so you can claim under his social security benefits. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

i had served divorce papers to my spouse in 2001. he did not sign them. last december, he just took off. nobody knows his whereabouts. he may have left the country too.
i live in new york. is there any way i can file the papers in court, claiming abandonment as grounds for divorce. i will never know where he went. house has been in my name since 1986. irs took lien in 1996 due to some tax problems which he was involved in.
what’s the best course of action in can take