§ 221. Procedure. The petition shall allege that the husband or wife
of such party has absented himself or herself for five successive years
then last past without being known to such party to be living during
that time; that such party believes such husband or wife to be dead; and
that a diligent search has been made to discover evidence showing that
such husband or wife is living, and no such evidence has been found. The
court shall thereupon by order require notice of the presentation and
object of such petition to be published in a newspaper in the English
language designated in the order as most likely to give notice to such
absent husband or wife once each week for three successive weeks; such
notice shall be directed to the husband or wife who has so absented
himself or herself and shall state the time and place of the hearing
upon such petition, which time shall be not less than forty days after
the completion of the publication of such notice; said notice must be
subscribed with the name of the petitioner and with the name of the
petitioner's attorney and with his office address, specifying a place
within the state where there is a post-office. If in a city, said notice
must also set forth the street and street number, if any, of such
attorney's office address or other suitable designation of the
particular locality in which said office address is located. In addition
to the foregoing requirements said notice must be in substantially the
following form, the blanks being properly filled: "Supreme court,
...........county. In the matter of the application of..........for
dissolution of his or her marriage with........ To................:
Take notice that a petition has been presented to this court
by............... , your husband or wife, for the dissolution of your
marriage on the ground that you have absented yourself for five
successive years last past without being known to him or her to be
living and that he or she believes you to be dead, and that pursuant to
an order of said court, entered the ......day of ......... , 19..... , a
hearing will be had upon said petition at the said supreme court,
............term part..........., in the ...............county court
house, in the.......... state of New York, on the................. day
of ............. , 19... , at ........ o'clock in the ......... noon.
Dated............; " and if the court, after the filing of proof of the
proper publication of said notice and after a hearing and proof taken,
is satisfied of the truth of all the allegations contained in the
petition, it may make a final order dissolving such marriage.