How can I tell if I was divorced by newspaper? 2 Answers as of March 30, 2011My husband divorce me October 98. I was in a car accident September 2 1998, I had no clue. I did not sign any paper I was not contacted never. I was fighting for my life in 2007 someone told me to check the court and they sent me divorce papers
Theodore W. Robinson, P.C. | Theodore W. Robinson
In order for one spouse to divorce another "by newspaper" as you call it (its actually called by Publication) they must first do everything they can to "find" or locate you. That means they must have a process server go out and seek to serve you with a Summons and Complaint at your last known address a number of times (usually at least 3-5 times) and then they must try to serve you by what's known as substitute service by "affixing" a copy on your door and mailing a copy to your last known address. Only after those things have been done and proven can the other spouse go to court and seek service by publication, which means they must post notice of their intention to divorce you for three weeks in different newspapers in your last known town to give you an idea of their intention to divorce you so you can appear and defend yourself. If you only recently discovered that your husband divorced you while you were in a hospital and he obtained a divorce and overextended relief to which he was not entitled, then you have a good opportunity to open the divorce up and fight it even now. This is especially so if he knew where you were in the hospital and you have witnesses to prove it. I strongly suggest you consult with a Matrimonial attorney right away to see what your rights are and pursue them if you deem it worth it. Good luck.
Answer Applies to: New York