Getting a divorce without your spouse’s knowledge can be tricky. However, in recent years, laws have changed. The state of New York has no interest in forcing people to stay married.
For example, a no-fault divorce is now available in the state. If you file for a divorce without your spouse’s knowledge or consent, you will have to wait at least 20 days before you can move forward. In most cases, you will also have to pay a fee. Fortunately, if you can’t afford the fees, you can file a poor person’s petition to proceed with your divorce.
You can also get a divorce without your spouse’s knowledge if you have an uncontested divorce. This type of divorce is more difficult to obtain if your spouse wants to remain married. Regardless, the court system is designed to ensure that your rights are protected. During the process, your spouse may be notified of the action, thereby giving them the opportunity to respond.
Using a process serving company is a great way to get a divorce without your spouse’s involvement. They will not only be able to serve your spouse, but they will also be able to help you navigate the process.
One of the simplest ways to get a divorce is to send your spouse a letter containing the required information. Some courts have a form for this, but you will need to make sure you follow the proper steps.
A more complicated method is to publish a notice in a local newspaper. Depending on your local paper’s policies, this could require you to run an ad for at least three weeks. Alternatively, you may be able to recoup some of the money you spent on the ad from your spouse later in the divorce.
Another good idea is to find out if your state offers any alternative methods of service. There are several options, and you should discuss the best way to go with an experienced lawyer. Generally, the most common forms of alternate service include posting a stipulation, posting a notice, or mailing a paper to your spouse.
You can also ask your lawyer for an affidavit of service that describes your divorce’s most significant features. A properly executed affidavit of service should provide you with detailed instructions on how to serve your spouse. It should include information such as the proper form to use and instructions on how to post it.
Ultimately, there are many ways to get a divorce without your spouse’s help. The process can take a while, however, and if you don’t get it right the first time, you will have to start all over.
To do the best possible job of getting a divorce, it’s a good idea to make the most of your efforts. Not only must you document your attempts to find your spouse, but you should also save copies of any letters or envelopes that are sent to them. Taking a note of the smallest details, such as the name of the person who delivered the letter, is a smart way to show the court that you’ve made a legitimate effort to find your spouse.
