Divorce can be a tricky process no matter the situation, and the laws regarding the process vary from state to state. Are you wondering how divorce papers work in New York? If you are seeking legal advice for your divorce process, our Divorce Law Firm in Bohemia, NY is here to help. Continue reading to learn more about divorce papers in New York.
How do I serve divorce papers?
Divorce papers are legally referred to as divorce petitions or complaints. Serving divorce papers happens after one spouse files for divorce with the state, and it marks the beginning of the divorce process. In New York, you have 120 days from the date you filed your divorce papers with the court to serve them to your spouse. In New York, divorce papers must be served in order to begin the divorce papers.
Who serves the papers in New York?
Some states require divorce papers to be served by a process server or other official. In some states, couples can even file for divorce jointly, which dissolves the need for serving papers. In the state of New York, only one person can file a divorce complaint, and the divorce papers can be served by any New York resident over the age of 18. Whoever serves the divorce papers must sign an Affidavit of Service to prove that the papers were successfully delivered. You are not allowed to serve the papers to your spouse yourself; someone else must do it for you. You may hire a process server if needed, but they require a fee. If you hired an attorney to represent you, they usually will handle serving the papers.
What if I can’t find my spouse?
There are various substitutes to serving divorce papers in person if you are unable to locate your spouse. You must prove to the court that you made diligent efforts to contact your spouse in order to use an alternative method. Most commonly the court could allow you to inform your spouse through publication, like the local newspaper. You may possibly be allowed to mail the papers to your spouse. In some recent cases, spouses have been able to serve divorce papers virtually through social media, but that’s up to the judge to decide. For quality legal counseling, or if you have any other questions that you need answers to, simply contact the Law Offices of Susan A. Kassel, P.C. today for help today.