No, you do not necessarily need to know where your spouse is to file for divorce in New York. You can still start the divorce process even if your spouse’s location is unknown. However, you must make a diligent effort to locate them before the court allows the case to move forward.
If you cannot find your spouse after reasonable efforts, you may ask the court for permission to serve them through alternative means, such as service by mail, email, publication, or a combination of methods. This typically involves publishing notice of the divorce in a designated newspaper for a specific period of time.
Because the court requires proof that you attempted to locate your spouse, you may need to document steps such as contacting last known addresses, reaching out to friends or family, or conducting online searches.
If your spouse cannot be located and does not respond after proper service, the court may allow the divorce to proceed as a default divorce.
Given the procedural requirements, it is important to speak with a New York divorce attorney to ensure the correct steps are followed and to avoid delays in your case.