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      • David S. Pollack
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Can my husband divorce me without me knowing?

New York Divorce LawyerThe scenarios are endless. An estranged spouse hints at divorce in a text message, then deletes it before the other can read it. One posts something on Facebook that the other doesn’t see because he or she has disabled that function on the social network. Or out-of-the-blue email messages are sent to family members and others ‘in case something happens to me.

In each case, the absent spouse doesn’t find out about it until months or even years have gone by. What can they do? Is it possible for someone not to know that she has been served with divorce papers?

Can my husband divorce me without me knowing in New York State?

According to our New York Divorce Lawyer, the short answer is “Yes,” but there are limitations on how and when a spouse can serve divorce papers. You may also have some recourse available to you, depending on the circumstances surrounding your situation. For clarification, we ask that you speak with a divorce lawyer at our firm, Winkler Kurtz LLP. 

The only occasions where someone isn’t required to be served with divorce papers are certain instances of ‘Informal Divorce by Agreement’ under Domestic Relations Law Section 236(B),” said Lynne Levine, a matrimonial lawyer in Scarsdale. “That is where both parties give up their rights to any form of equitable distribution or alimony, and there are no children. Otherwise, service by ‘ordinary mail’ is not valid unless it’s attached to an affidavit of diligent search signed by the party attempting to effect service.

In order for a divorce action to be initiated, the spouse who is filing the action must present a summons and petition, along with a matrimonial summons, to an authorized person. This can be done in person or by mail with an affidavit of service attached if it’s being sent through the U.S. Postal Service.

The person receives the papers and makes sure they’re given to the other spouse, together with a copy of the notice and acknowledgment of receipt and time and date for appearance, if requested,” said Levine. “If there is no appearance on the date listed on the summons, after 20 days an application can be made by motion, and then a default judgment can be entered.

There are times when it’s impractical for one spouse to serve the other. In those cases, the person attempting service has to prove he or she made a diligent search and tried to find the absent spouse by going to where they last resided together, as well as any of their known places of employment.

“It’s easy for a spouse to lie and say they made diligent efforts, but unless you hire a private detective and he or she declares otherwise, the court is going to presume that was done,” Levine said.

Contact Our New York Divorce Lawyer

Winkler Kurtz, LLP is located on Long Island and has been serving NYS residents for over 25+ years. If you’d like to contact a New York Divorce Lawyer, please schedule an appointment with our team.

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I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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