Do I Have to Serve My Spouse Divorce Papers?

Do I Have to Serve My Spouse Divorce Papers?

woman served papers

 

There is no question that if you would like a divorce from your spouse, then you will have to serve them with divorce papers. But the question lies with who exactly is eligible to serve these divorce papers on your behalf, if anyone. Continue reading to learn whether an attorney or other party can act as your process server and how one of the experienced Manhattan divorce attorneys at Zimmet Law Group, P.C., can walk you through these steps.

Why do I have to serve my spouse divorce papers?

In New York State, you are required to serve your spouse divorce papers because they must be made fully aware that you filed for divorce. This gives them an opportunity, if they require one, to respond to your claims and requests stated in your Summons and Complaint for Divorce.

Before serving divorce papers, you must first employ a divorce attorney who will help prepare your Summons and Complaint for Divorce and file it with the New York court. Importantly, this will be used as a piece of evidence at the beginning of your litigation proceedings to prove that you properly petitioned for a divorce.

How do I serve my spouse divorce papers?

In New York State, you have many options at your disposal for how to serve your spouse with divorce papers. For one, you can request the services of a county sheriff to hand-deliver the papers to your spouse. Usually, in New York City, sheriffs will set a fee of approximately $52 to carry out this task. Or, you can request the services of a process server who is authorized to hand-deliver the papers to your spouse. With this, the average fee is anywhere between $20 to $100. Both a county sheriff and a process server ensure that your required paperwork with the New York court, which proves that the papers were delivered, will be filed and taken care of.

Also in New York State, you are allowed to arrange for an individual who is 18 years of age or older to serve the papers on your behalf. This is so long as they have no connection to your case.

Regardless of who you select, you will need to provide them with more than one address where your spouse will most likely be found. This may include their home address, workplace address, attorney’s office, etc.

If you are having trouble tracking down your spouse, then there are alternative methods at your disposal. Rest assured, one of the skilled New York City divorce attorneys is ready to step in. We understand that you likely do not want this process to drag out any more than it has to, so we will do everything in our power to make sure you can serve your divorce papers with efficiency. Give us a call today.

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