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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I've been married for 1 1/2years I currently live in

Customer Question

I've been married for 1 1/2years I currently live in Westchester New York. Me and my wife have been separated for the last 8 months it didn't work out. She doesn't love me and I can't get in contact with her. I want to know if it's still possible for me to get divorced without her consent will be difficult and how long will it take given the area that I live in. I'm not looking for anything in settlements out of the marriage just want a divorce and to walk away I don't know if that will speed up the process or not.
Submitted: 9 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 9 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 9 months ago.
There was a type error I said she doesn't love me it was supposed to say she doesn't live with me
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am sorry to learn of this situation.

Yes, you can get a divorce even if you are unable to find your wife (although a good process server is probably going to be able to find her and serve her with the summons and complaint).

What happens if the other spouse really is not found is that the court will grant the petitioning spouse a right to "serve by publication" - meaning the petitioner must publish notice of the divorce in a local periodical. This process usually takes roughly 120 days.

I do recommend retaining a family law attorney to represent you for this - given your circumstances I do not believe that this is going to cost you very much (it should be a relatively straightforward dissolution action without property or child support or parenting orders). But given that you need to potentially pursue a service by publication, I do recommend paying for a lawyer to help you with this (you will want it done properly the first time).

Customer: replied 9 months ago.
it could be done and over with in as little as 120 days and if she's found even sooner?
Expert:  CalAttorney2 replied 9 months ago.

It really depends on how she responds (legally), and what the court's docket is. If the court is very backlogged, you may find that even an uncontested simple divorce may not have a hearing for 3-4 months after the other party responds (but this is going to be strictly based on the local court's docket).

I would not count on a specific end date, although expect a resolution within 6-9 months (and if you are fortunate sooner).