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Can I Get a Divorce Without My Spouse Knowing?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 11, 2020

Read Time: 4 mins

Getting a divorce – even among the most amicable of couples – can bring numerous challenges. But what happens when your spouse is being especially uncooperative or moves away to an undisclosed location? Can you get a divorce without your partner’s knowledge or consent? The short answer is yes, but only in very limited circumstances.

Every state’s divorce laws are different, so it’s essential to seek legal counsel to make sure you’re following proper procedures. In New York State, there are two methods for getting a divorce without spousal consent: the ‘no signature required’ route and a divorce by publication.

It is unlikely that your partner will be in the dark about your intentions since state law requires that you formally serve divorce papers to the non-filing spouse.

Whichever route you take, it’s recommended to hire an experienced family law attorney when getting a divorce. The lawyers of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have been serving clients in New York and New Jersey since 1975 and can help clients avoid pitfalls when pursuing a divorce without a spouses’ signature.

No signature divorce process

In order to get a divorce in NY, the non-filing spouse must be served a notice of summons within 120 days of your divorce filing in the County Clerk’s Office. You can serve the divorce papers yourself, or better yet, have a third-party serve the summons. The person who personally serves the papers must be 18 years of age or older.

When your spouse is served the divorce papers, he or she has 20 days to respond to the documents and acknowledge receipt. Once 20 days have passed without a response, the courts will consider this a “default,” and the divorce can be processed if the non-filing spouse had knowledge that you filed the divorce papers.

If your spouse did not receive the divorce summons, you cannot proceed with a “no signature” divorce. The easiest way to ensure this does not happen is to hire a licensed process server.

Absentee spouse – divorce by publication

If your spouse has moved and you are unable to locate him or her after a thorough search, you can request the court’s permission to proceed with a divorce by publication. In order to go this route, you must prove that you have conducted an exhaustive investigation to find your spouse. This may include looking at internet directories, DMV records, post office records, and the board of elections, among other places.

If you can demonstrate that you have made all reasonable attempts to no avail, the courts should grant permission to publicize the divorce. In most cases, the legal notice of divorce is published in a popular newspaper where your spouse last resided. The notice is published once a week for three consecutive weeks. If three weeks have elapsed, and your spouse has still not contacted you, you are then eligible to have the divorce processed.

Divorce by publication is a last resort option reserved for cases where you cannot find your spouse, despite diligent efforts. It can be a pricy and extensive undertaking, considering costs for hiring a private investigator, as well as court filing fees.

It is this situation, in a divorce by publication, where a spouse may not know about the divorce until after it has been processed.

Private consultation with family law attorneys

In conclusion, it is possible to obtain a divorce without your spouse’s consent, and the divorce lawyers of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help protect your interests along the way.

Ending a marriage is rarely an easy process. Divorces can be expensive and time-consuming without a skilled legal advocate in your corner. When you need sound legal advice from family law attorneys in Bergen County, NJ or Rockland County, NY, please call KGG to schedule a private consultation.

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   LWelsh 
 0 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 21 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 85 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 100 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 123 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 136 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 143 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can I Get a Divorce Without My Spouse Knowing?

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