I am not clear. Are you saying that you have not been able to find the female in Queens, or wherever? If that's true, I think you have to do a little more digging to find her for the affidavit of due diligence. Some of these detectives can utilize the computer to find anyone. My guess is that if she works, a computer-savvy detective will find her. Everybody knows such a detective; call me if you need one.
And she may want to be found anyway, because she may have "remarried" as well herself. So, if she didn't sue your client for divorce in the past, she may be very interested in cleaning up the mess as well in order to legitimize her own current marriage. There is certainly a record of the marriage you are inquiring about in Trenton (or Albany), even if there is none in the municipality.
Maybe the first thing to do is the cheapest and simplest. Besides getting a marriage certificate from the state, try getting a record of a judgment of divorce from Albany. Maybe she did a publication against him. You may find out you have no problem.
I saw the comment about "crossing your fingers". Frankly, being separated for 50 years makes it rather unlikely that your client is in any prejudicial situation vis-à-vis the divorce case that you file. But he is going to have to get divorced, obviously.
Good luck.
Description: cid:809112918@04052012-2ECF
Mark F. Saker, Esquire
Attorney ID #271831971
Cerrato, Saker & Wilder
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77 year old client came in. Married in October of 1963 because Father of girl who was sixteen forced the two of them to get married. Town can't find marriage certificate from back then. They really never lived together and separated almost immediately. Go figure...he wants to get married. Never served with a divorce complaint that he knows of. She lived in Queens. Hired an investigator who other than providing services which he paid for, found nothing. Other than telling him not to get married.....any suggestions?
Lawrence D. Forster
Forster & Arbore
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