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News about Divorce Law in New York State
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Sep 2017What Does a Default Mean?
Aug 2017WHAT IF I CAN'T SERVE MY SPOUSE?
Aug 2017What is Jurisdiction?
Aug 2017What should I say to the Judge?
Aug 2017Can I appeal a Custody Order?
Jul 2017How do I get custody if my spouse and I live in different states and how do you determine Home State
May 2017WHAT IS A NEW YORK DIVORCE MOTION?
Apr 2017WHAT ARE GROUNDS FOR DIVORCE
Service of Process of your Divorce or Child Custody Case
April 11, 2017
How a Custody case or Divorce Case gets Served-not intended as legal advice for information purposed only
There are strict rules you must comply with once you file a complaint for divorce or custody.
In New York, you have 120 days to serve the divorce action.
After that the case could be dismissed.
Your papers must be served in person.
If you cannot find the Defendant and they are avoiding service by hiding, you then need to take extra steps.
First get an Affidavit from the process server that he attempted service multiple times,
Next sign an Affidavit that you mailed the paperwork to the Defendant by regular mail and took other steps to try to locate him
Next, prepare a proposed exparte order and bring it to a judge asking for permission to serve by publication.
If you convince the Judge that you did your due diligence the Court might give you an Order permitting you to publish the Summons in the newspaper.
If you get the Order of course get the Affidavit of Service from the News Paper.
Then you can ask for intervention by the court to move your case forward.
It is highly recommended that you do not try this yourself-rather hire an attorney to do it for you.
It is a complex procedure!
Law Offices of Lisa Beth Older