Q: My husband and I have been separate for more than a year. He left the U.S. and went back to his country. I am a U.S. citizen and he is not. I am still married to him on the papers, and I want to get a divorce. However, I am going to process on my own. For service of the summons and complaint, is it sufficient to drop the papers with an international courier with his last known address? We do not talk, so I cannot get a waiver or affidavit from him. However, I know that he will not object to this divorce. Can you please tell me if I can serve him through express mail or regular postage?
A: David's Answer: You cannot formally serve him by mail. You can either try to send him the Defendant's Affidavit & see if he'll sign. Otherwise, you'd need to file a motion to get a Judge to authorize service abroad (& in what manner, given that the Hague Convention may come into play). Call a NYC Divorce attorney for more info. -- David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)