Can you get divorced by proxy? By New York divorce attorney

Can you get divorced by proxy? Yes. Technically, yes. You can’t get married by proxy in New York since there are certain statutory requirements that both parties in a marriage be present, and personally appear when applying for the marriage license. The statute also required that both parties must be present during the “solemnization  ceremony to declare their intent before witnesses to become husband and wife.” So in New York, you can’t get married by proxy, although, presumably there are some states and/or countries where you can.

But you can get divorced by proxy. I have never heard it put quite like that: divorce by proxy. But both parties do not have to “appear” when they get divorced in the same way they do when they get married. Although, it depends on what you mean by “appear.” Because in law, an appearance can and does occur on paper. So the defendant in a divorce does appear on paper by signing the waiver/defendant’s affidavit even if they can do that from another country. As long as it is properly notarized, the “appearance” though by proxy is valid.

The plaintiff also does not technically have to appear before a court or tribunal when there is a divorce that is uncontested. She or he appears by signing the verification of the complaint, and the plaintiff’s affidavit and the lawyer does the rest. So technically, neither plaintiff nor defendant needs to make an actual appearance to get divorced in New York the way they must make an actual appearanc to get married.

So in a technical sense, you can get divorced by proxy.

by New York divorce attorney: www.mynewyorkdivorceattorney.com

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