Publication Divorce in New York: How to Get a Divorce When You Can’t Find Your Spouse

Divorce can be a complex process, but it becomes even more challenging when one spouse is missing or cannot be located. In New York, if you cannot find your spouse to serve divorce papers, you may still be able to obtain a divorce through a process called Publication Divorce. This legal option allows you to move forward with your divorce by publishing a notice in a court-approved newspaper, officially informing your spouse of the proceedings.

If you're considering a Publication Divorce New York, understanding the process, requirements, and legal steps can help you navigate this unique situation.

What Is a Publication Divorce in New York?

A Publication Divorce is a court-approved method of serving divorce papers when a spouse is missing, has abandoned the marriage, or cannot be located after diligent efforts. Instead of personally serving the divorce papers, the court may allow the plaintiff (the spouse filing for divorce) to publish a notice in a designated newspaper as a substitute for direct service.

This process is governed by New York Domestic Relations Law (DRL) § 232 and follows strict legal requirements to ensure fairness.

When Is a Publication Divorce Necessary?

A Publication Divorce is required when:

• You have made reasonable and diligent efforts to locate your spouse but cannot find them.
• Your spouse has abandoned the marriage and their whereabouts are unknown.
• Your spouse moved out of state or country without leaving contact information.
• Traditional service of process methods (such as personal delivery or mail) are not possible.

Before the court grants permission for a Publication Divorce, you must prove that you have made every effort to locate your spouse.

Steps to Obtain a Publication Divorce in New York

1. File for Divorce in the New York Supreme Court

The divorce process begins when the filing spouse (plaintiff) submits a Summons with Notice or Summons and Complaint in the Supreme Court of the county where they reside.

2. Attempt to Locate Your Spouse

Before requesting a Publication Divorce, you must show that you have taken reasonable steps to find your spouse, including:

• Checking last known addresses and contacting family or friends.
• Searching public records such as voter registration, property deeds, and DMV records.
• Contacting their last known employer.
• Searching on social media and online databases.
• Hiring a private investigator (optional but helpful).

If these efforts fail, you can proceed with the next step.

3. File a Motion for Alternative Service

Once you have exhausted all efforts to locate your spouse, you must file a motion for alternative service with the court. This motion includes:

• A sworn affidavit detailing your attempts to locate your spouse.
• Evidence such as returned mail, investigator reports, or other proof of a failed search.
• A request to serve your spouse through publication in a newspaper.

If the judge is satisfied with your search efforts, they will issue an Order for Service by Publication.

4. Publish the Divorce Notice in a Newspaper

Once you receive the court order, you must publish a divorce notice in a newspaper approved by the court (usually one with wide circulation in your spouse’s last known location). The notice must be:

• Published once a week for three consecutive weeks.
• Placed in a court-designated newspaper (such as the New York Law Journal or a local paper).
• Printed exactly as directed by the court.

The newspaper will provide an affidavit of publication, which you must submit to the court as proof of service.

5. Proceed with a Default Judgment

If your spouse does not respond within the required timeframe (usually 30 days after the last publication), you can request a default divorce judgment from the court.

The judge will review your case, and if everything is in order, they will issue a Judgment of Divorce, finalizing the process.

Challenges of a Publication Divorce

While Publication Divorce is a legal solution for missing spouses, it comes with some challenges:

• It can be time-consuming and costly (publication fees range from $100 to $1,000, depending on the newspaper).
• There is a waiting period, as the court requires proof that the spouse had enough time to respond.
• A default divorce may not resolve all legal matters, such as property division or spousal support, since the missing spouse is not present to negotiate.

If you later discover your spouse’s whereabouts, they may file a motion to reopen the case under certain circumstances.

Can You Get a Publication Divorce Without a Lawyer?

Technically, yes. However, due to the strict legal requirements and necessary documentation, working with a New York divorce attorney can ensure accuracy, prevent delays, and increase the likelihood of approval.

A lawyer can help:

• Prepare the affidavit of due diligence to show the court that you made every effort to locate your spouse.
• File the correct legal motions for alternative service.
• Ensure compliance with the court’s publication requirements.
• Handle default judgment proceedings to finalize the divorce.

Final Thoughts

A Publication Divorce New York is a legal solution for spouses who cannot locate their partner but still need to move forward with divorce proceedings. Although it requires diligent efforts, court approval, and newspaper publication, it is a viable option when traditional service methods are impossible.