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New York Law - What if a Spouse Lives Out of State? The court will grant a divorce even if only one party resides in New York. However, the other spouse must at least be notified. The other spouse should be given a reasonable opportunity to respond. The other spouse's response may include a defense against the divorce, but most often it relates to issues of property division, child support and spousal maintenance. If the other spouse can not actually be found, the court will require that a good faith effort using reasonable means to locate the other party have been tried. If the court can not find the other party, it may decide to take the property of the spouse who has left the state, sell it, and use the proceeds for child support, spousal maintenance, or legal fees. The court may make a child support award as well, even if the child is not living in New York. Section 233, 240. Civil Practice Law and Rules 302(b).
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