Manhattan Divorce Lawyer Juan Luciano Explains The Legal Process Of Notifying A Spouse Of Intent To Divorce
October 06, 2022 at 19:51
Manhattan divorce lawyer Juan Luciano (https://divorcelawfirmnyc.com/what-is-one-signature-divorce-in-new-york/) releases a new article explaining the legal process of notifying a spouse of the other’s intent to divorce. The lawyer mentions that in some cases it can be hard to locate the other spouse especially if they refuse to respond to a summons. However, it can still be possible to get a divorce without a spouse’s signature.
“Here in New York, it is possible to get a divorce with only one spouse’s signature. While it is often referred to as a “no signature required” divorce, that is a bit of a misnomer. All reasonable measures must be taken to locate and notify your spouse of your intention to divorce. This allows them the opportunity to hire an attorney or prepare their own defense. But if you are unable to locate your spouse or he or she refuses to sign or even acknowledge the paperwork, you do have options,” says the Manhattan divorce lawyer.
The lawyer adds that the usual process for a divorce in New York requires one party to file a petition and serve the papers to the other party. Then, the receiving party must acknowledge the service and return the paperwork. The filing party must also serve the receiving party with a Summons with a Notice or a Summons and Complaint.
Attorney Juan Luciano explains that there may be instances where couples have not seen each other for years and have no idea where the other resides, where they work, or how they can locate them. In such a case, the other party may be served by publication. The petitioning spouse may request a Motion to Serve by Publication if their search has yielded no results.
In the article, attorney Luciano says, “While serving by publication is a valuable option, the petitioning spouse must first provide evidence that they have made every reasonable effort to find the defendant spouse and prove that to the court. In the motion, the judge will want to see exactly what measures were taken to locate the other spouse to ensure that you have taken reasonable measures to find them.”
Lastly, the New York City divorce attorney emphasizes that it is very important to have a skilled divorce lawyer when going through a divorce. Some processes in a divorce may be complicated and tough to navigate. Having an experienced lawyer may be able to help the client understand their rights and responsibilities in the process.
About Juan Luciano Divorce Lawyer
Juan Luciano has worked in complex family law for most of his professional life. He is known for his ability to negotiate well and excel in court. His vast experience covers many aspects of family law, including mediation in divorce, alimony, child custodial, support, postnuptial agreements and arrangements, paternity, as well other matters relating to the family. He’s also fluent in Spanish. To schedule a consultation, call them today.
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