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If You Cannot Locate Your Spouse
If you cannot locate your spouse, you may still be able to obtain an uncontested divorce from your spouse. In order to proceed with the divorce action under such circumstances, you have to obtain a Court Order allowing you to serve your spouse with a copy of the Summons by publishing the Summons in a newspaper once per week for three consecutive weeks. The Court will require proof that you and your attorney have done everything possible to locate your spouse before the Court will grant permission to serve your spouse by publication. These steps include contacting any know relatives or friends of your spouse, doing an internet and telephone book search and contacting various agencies such as the post office, the branches of the military, the Board of Elections, Social Security and the Department of Motor Vehicles.
The newspaper in which the Summons will be required to be published will be chosen by the Court. The cost of publishing a divorce Summons in a newspaper once per week for three consecutive weeks usually ranges between $500.00 to $800.00, depending on in which County the publication is required. If your spouse does not answer the Summons within 50 days of the date of the last publication, you can proceed to apply for an uncontested divorce.
My current fee for handling an uncontested divorce with service by publication is:
Uncontested Divorce with no children $1,000.00 plus costs and disbursements.
Uncontested Divorce with children $1,500.00 plus costs and disbursements.
The disbursements will generally consist of Court filing fees of $380.00 ($385.00 in Westchester County), the cost of publication and other disbursements for governmental and other fees for various searches and obtaining certified copies of the judgment after the divorce is finalized (approximately $200.00).
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