N.Y. Domestic Relations Law § 221

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 221 — Procedure DRL § 221 Procedure ARTICLE 12 Dissolution of Marriage On Ground of Absence § 221. Procedure. The petition shall allege that the husband or wifeof such party has absented himself or herself for five successive yearsthen last past without being known to such party to be living duringthat time; that such party believes such husband or wife to be dead; andthat a diligent search has been made to discover evidence showing thatsuch husband or wife is living, and no such evidence has been found. Thecourt shall thereupon by order require notice of the presentation andobject of such petition to be published in a newspaper in the Englishlanguage designated in the order as most likely to give notice to suchabsent husband or wife once each week for three successive weeks; suchnotice shall be directed to the husband or wife who has so absentedhimself or herself and shall state the time and place of the hearingupon such petition, which time shall be not less than forty days afterthe completion of the publication of such notice; said notice must besubscribed with the name of the petitioner and with the name of thepetitioner's attorney and with his office address, specifying a placewithin the state where there is a post-office. If in a city, said noticemust also set forth the street and street number, if any, of suchattorney's office address or other suitable designation of theparticular locality in which said office address is located. In additionto the foregoing requirements said notice must be in substantially thefollowing form, the blanks being properly filled: "Supreme court,...........county. In the matter of the application of..........fordissolution of his or her marriage with........ To................:Take notice that a petition has been presented to this courtby............... , your husband or wife, for the dissolution of yourmarriage on the ground that you have absented ... To................:Take notice that a petition has been presented to this courtby............... , your husband or wife, for the dissolution of yourmarriage on the ground that you have absented yourself for fivesuccessive years last past without being known to him or her to beliving and that he or she believes you to be dead, and that pursuant toan order of said court, entered the ......day of ......... , 19..... , ahearing will be had upon said petition at the said supreme court,............term part..........., in the ...............county courthouse, in the.......... state of New York, on the................. dayof ............. , 19... , at ........ o'clock in the ......... noon.Dated............; " and if the court, after the filing of proof of theproper publication of said notice and after a hearing and proof taken,is satisfied of the truth of all the allegations contained in thepetition, it may make a final order dissolving such marriage. Source: NYSenate.gov Open Legislation | Laws of New York Page 1