Tuesday, February 5, 2013

I got married in 2001 to an illegal Mexican national. Filed first set of paper work for divorce in 2005. Can i continue this div

Q:  Can i continue this divorce? he got in trouble and was deported shortly after never signing the second set of papers. How do i divorce now? Do i have to go to Mexico and serve him? There is a legal trail since he was deported. I havent heard from him in almost 8 years. How do i get a divorce?

A: David's Answer:  Assuming he was not yet served, you generally have to serve him within 120 days of filing. However, I disagree with the other poster you opined this automatically results in your case being dismissed if he's not served. This is certainly a general rule, but is often overlooked. As such, you need to check with the Clerk's Office as to whether your case is still "active." Then there's the issue of serving him - is he consenting? If so, he can sign the papers. If not, you may need to serve him via the Hague Convention. It's a complicated process.  -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)

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