New York divorce law requires personal service upon a spouse. You must conduct a due diligence search and prove to the satisfaction of the court that you made a good faith effort to locate your spouse. After a due diligence search is conducted an application can be made to the court to serve your spouse by publication.
New York Domestic Relations Law section 232(a) provides for service by publication pursuant to CPLR § 315 in the event that service cannot be made by another prescribed method with due diligence. However, service by publication should be utilized only as a last resort where all other methods of service are unavailable, including possible methods of expedient service under CPLR § 308(5).
Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to child custody, child support, spousal maintenance, and equitable distribution of property. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.