What happens if you want to divorce your spouse, but you don’t know where they are, or they have failed or refused to respond to a summons? It is still possible to get a divorce without a spouse’s signature in New York if you follow the necessary steps.
While divorce can be a messy process in the best of cases, it can further complicate matters when one spouse is not locatable or refuses to cooperate. Fortunately, New York City divorce attorneys have options in these instances. At Juan Luciano Divorce Lawyer, our team of New York divorce lawyers can help you file for divorce without the signature of your spouse. Call us today at (212) 537-5859 to schedule a consultation.
Your Spouse is Legally Entitled to Know About Your Intention to Divorce
Here in New York, it is possible to get a divorce with only one spouse’s signature. While it is often referred to as a “no signature required” divorce, that is a bit of a misnomer.
All reasonable measures must be taken to locate and notify your spouse of your intention to divorce. This allows them the opportunity to hire an attorney or prepare their own defense. But if you are unable to locate your spouse or he or she refuses to sign or even acknowledge the paperwork, you do have options.
What is the Legal Process of Notifying a Spouse of Your Intent to Divorce?
In New York, notify your spouse of your intent to divorce by filing a Summons with Notice or a Summons and Complaint with the County Clerk’s Office. You must serve the documents within 120 days, using someone over the age of 18 who is not involved in the case.
Your spouse is then required to respond within 20 days, or 30 if they are out of state. If the receiving spouse has not responded within the given amount of time, their lack of response is considered a default, and the divorce can proceed.
But there are instances when spouses have not been together for a significant period of time. One may have no idea where the other resides, where they work, or how to locate them.
Because a default can only occur if the recipient spouse has been served, if that spouse can’t be located, he or she may be served by publication. When a spouse cannot be found to serve a summons, the petitioning spouse can request a Motion to Serve by Publication. This will allow notice to be filed in a newspaper or at the courthouse to advise the unlocatable spouse of your intention to divorce.
What is One Signature Divorce in New York?
In New York, one one-signature divorce is an uncontested divorce process where only one spouse signs the divorce documents. The other spouse is served with the papers and does not contest the terms, allowing the case to proceed without their signature on the settlement. It applies when the other party is unresponsive or missing.
Can You Get a Divorce Without the Other Person Signing
In New York, it is possible to secure a divorce without the signature of your spouse. The process begins with the filing spouse serving the other spouse with divorce papers. In these situations, the other spouse has a set period to respond – 20 days if they are in New York, or 30 days if they are located outside of the state.
If the served spouse defaults, which means they do not respond within the specified time frame, the court may proceed to grant a default judgment in favor of the filing spouse. This can lead to the divorce being finalized without the other party’s signature or direct involvement.
However, it’s important to note that obtaining a divorce without the other party’s cooperation can be a challenging process. The court must be satisfied that the other party was properly served and had enough time and opportunity to respond.
Furthermore, all marital issues such as property division, child custody, and spousal support must be adequately addressed. These issues can be particularly complicated to resolve without the input or agreement of the other party, which is why it’s highly recommended to engage the services of an experienced family law attorney.
A New York divorce attorney can help you manage the intricacies of this process, ensure that all necessary steps are followed correctly, and work tirelessly to protect your rights during the divorce proceedings. While it’s technically possible to get a divorce without your spouse’s signature, having skilled legal counsel can significantly ease the process and provide you with the peace of mind that every aspect of your case is being handled professionally and effectively.
Taking Reasonable Steps to Find the Other Spouse
While serving by publication is a valuable option, the petitioning spouse must first provide evidence that they have made every reasonable effort to find the defendant spouse and prove that to the court. In the motion, the judge will want to see exactly what measures were taken to locate the other spouse to ensure that you have taken reasonable measures to find them.
This means that you, as a petitioning spouse, must keep a list of any attempted contacts and what was found through these investigations. You will want to save any correspondence, documents, or other information that you send, receive, or are returned as undeliverable.
Once the court is convinced that the petitioning spouse has made all reasonable attempts to find the other, it will grant permission to publish a notice of the divorce in the paper for a period of three weeks. If no response is forthcoming from that publication, you may proceed with the divorce on your own.
| Legal Process of Notifying a Spouse of Intent to Divorce | Details |
|---|---|
| Petition and Service | Initiate divorce by serving divorce papers (Summons with Notice or Summons and Complaint) to the spouse. |
| Response Period | The receiving spouse acknowledges service and responds within 20 days. |
| Default Consideration | If the receiving spouse doesn’t respond within the specified time, it’s considered a default, allowing the divorce to proceed. |
| Serving by Publication | If one spouse cannot be located, Motion to Serve by Publication is requested. |
| Notice Publication | A notice is filed in a newspaper or courthouse to inform the unlocatable spouse of the intention to divorce. |
How to File for Divorce Without Your Spouse’s Signature in New York
Filing for divorce without your spouse’s signature in New York is possible, but specific legal steps must be followed. The process begins with properly notifying your spouse about the divorce. This is typically done through a third party over the age of 18 who serves the Summons and Complaint or Summons with Notice. If your spouse is in New York, they have 20 days to respond; if they are outside the state, they have 30 days.
If you do not know where your spouse is, you must take reasonable steps to locate them. This includes checking public records, reaching out to friends or family who may know their whereabouts, or searching online. If those efforts fail, you can ask the court for permission to use notice by publication. This means publishing the divorce notice in a newspaper where your spouse is likely to see it. The notice must run once a week for at least three consecutive weeks.
After publishing, your spouse has 30 days to respond. If they still do not respond, you can request a default judgment. From that point, your case proceeds as an uncontested divorce. You will complete and submit the required paperwork, and the court will finalize the divorce.
Although your spouse’s signature is not necessary, the court expects you to follow all proper procedures. With careful steps, you can move forward with the divorce and obtain a final judgment, even without the other party’s involvement.
Working with a Top-Rated New York Divorce Attorney
Filing for divorce is never pleasant, but having the right legal counsel to guide you through can help. If you have questions about filing for divorce in New York or are interested in how a one-signature divorce may work for your situation, we would be happy to help. At Juan Luciano Divorce Lawyer, our skilled team of New York City divorce lawyers is with you every step of the way. Contact us at (212) 537-5859 to schedule a consultation.
