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Divorce Lawyer. New York child custody, Manhattan child custody, Brooklyn child custody Lawyer.
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Divorce Lawyer. New York child custody, Manhattan child custody, Brooklyn child custody Lawyer.

Articles on New York Divorce Law

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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
65 Broadway Suite 706
New York, NY 10006
Phone 212-786-0901
Fax 212-786-3449