§ 221 — Procedure

§ 221. Procedure. The petition shall allege that the husband or wife\nof such party has absented himself or herself for five successive years\nthen last past without being known to such party to be living during\nthat time; that such party believes such husband or wife to be dead; and\nthat a diligent search has been made to discover evidence showing that\nsuch husband or wife is living, and no such evidence has been found. The\ncourt shall thereupon by order require notice of the presentation and\nobject of such petition to be published in a newspaper in the English\nlanguage designated in the order as most likely to give notice to such\nabsent husband or wife once each week for three successive weeks; such\nnotice shall be directed to the husband or wife who has so absented\nhimself or herself and shall state the time and place of the hearing\nupon such petition, which time shall be not less than forty days after\nthe completion of the publication of such notice; said notice must be\nsubscribed with the name of the petitioner and with the name of the\npetitioner's attorney and with his office address, specifying a place\nwithin the state where there is a post-office. If in a city, said notice\nmust also set forth the street and street number, if any, of such\nattorney's office address or other suitable designation of the\nparticular locality in which said office address is located. In addition\nto the foregoing requirements said notice must be in substantially the\nfollowing form, the blanks being properly filled: "Supreme court,\n...........county. In the matter of the application of..........for\ndissolution of his or her marriage with........ To................:\nTake notice that a petition has been presented to this court\nby............... , your husband or wife, for the dissolution of your\nmarriage on the ground that you have absented yourself for five\nsuccessive years last past without being known to him or her to be\nliving and that he or she believes you to be dead, and that pursuant to\nan order of said court, entered the ......day of ......... , 19..... , a\nhearing will be had upon said petition at the said supreme court,\n............term part..........., in the ...............county court\nhouse, in the.......... state of New York, on the................. day\nof ............. , 19... , at ........ o'clock in the ......... noon.\nDated............; " and if the court, after the filing of proof of the\nproper publication of said notice and after a hearing and proof taken,\nis satisfied of the truth of all the allegations contained in the\npetition, it may make a final order dissolving such marriage.\n