What if I want to get a divorce because of an absent spouse?

| Apr 15, 2021 | Divorce |

In New York, there are many reasons why a person or a couple chooses to divorce. There might be infidelity, domestic abuse or they could simply have grown apart as time passed. However, one issue that comes up is if a spouse simply leaves with the other spouse being completely unaware of where he or she went. This can cause many challenges for the person left behind, especially if there are children, debts and everyday concerns left unaddressed. When this happens, there is a specific law that dissolves a marriage due to absence. Understanding how this works is important to achieve a satisfactory outcome.

How to dissolve a marriage due to an absent spouse

When a spouse is absent and the person left behind wants a divorce, there is a special proceeding. This can be done in two situations: if the person seeking the divorce resides in the state and has done so for one year before moving forward with the case; and if the couple lived in the state at the time of the disappearance. There is a special procedure for this specific situation.

It must be alleged that the missing spouse has been gone for at leave five years in a row with the spouse who was left behind not knowing where he or she was even if there was a search made. The court will then place a notice in a newspaper informing the person who was absent of the plan to divorce once per week for three consecutive weeks. This will be put in periodicals in the location where the petition is being filed. All relevant information will be placed in the notice.

Divorce in special circumstances may require experienced legal assistance

Many divorces have similar issues that must be navigated. Some, however, are unique situations making it necessary to have comprehensive advice with how to deal with them. A divorce due to an absent spouse is one such circumstance. Getting alimony, child support, legally splitting property and ending a marriage in which one party has simply left without explanation can be difficult. For advice with this type of case, it is useful to have experienced and professional help.

 

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