How To Serve Divorce Papers In New York

Serving The Spouse In An Uncontested Divorce

Serving a spouse in an uncontested divorce is an easier process since the spouse has agreed to cooperate. For uncontested divorces:

• The divorce papers must be served within 120 days from the date they were filed at the County Clerks Office.
• The server must be at least 18 years old or older.
• If the divorce papers are being served in New York, the server must also be a resident of the state or at least is eligible to serve papers according to New York laws.

The server must fill out the Affidavit of Service and return a signed and notarized copy to the petitioner. This legal document will serve as proof of service.

Can The Papers Be Given To Someone Other Than My Spouse Like My Spouse’s Mother

• The papers must be given to your spouse directly, not to someone else.
• There is an exception. The papers can be given to someone “of suitable age and discretion” who lives in the same home with your spouse. You will have to be able to convince the judge that your spouse lives with this other person.
• If your spouse authorizes, in writing, someone else to accept the papers, then you can serve that person.

For Assistance Serving Legal Papers

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1. Pursuant to CPLR 306-a delineating the index number in action commenced in supreme or county court

2. Domestic Relations Law 232: Notice of nature of matrimonial action proof of service

b. An affidavit or certificate proving service shall state affirmatively in the body thereof that the required notice was written or printed on the face of the copy of the summons delivered to the defendant and what knowledge the affiant or officer who executed the certificate had that he was the defendant named and how he acquired such knowledge. The court may require the affiant or officer who executed the affidavit or certificate to appear in court and be examined in respect thereto.

3. NY Gen Bus L § 89-U

4.22 CRR-NY 202.16-a as authorized by section 236 of the Domestic Relations Law.

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How To Avoid Filling Out These Forms

So, youve learned all about the 26 most common New York divorce forms. If they dont sound like fun, the good news is that there is a way out!

Welcome to the brave new world of online divorce in New York!

If you choose an online divorce with Its Over Easy, well fill out all of the forms on your behalf and guarantee that the court accepts each and every one.

The best part is that our low flat fee is only a tiny fraction of what youll pay for an attorney or even divorce mediation.

Online divorce for the win!

To continue learning about divorce in New York, see the following articles in the series:

What Are The Residency Requirements To File For A Divorce In New York

Although there is no waiting period, there is a residency requirement for getting a divorce in New York. For divorce purposes according to New York state law, a couple must meet one of five criteria:

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More Things To Think About When Filing For Divorce

Some of the forms you may have to submit for your divorce will require information regarding your finances, such as income and expenses. You’ll want to be as thorough as possible, so it’s a good idea to gather this documentation in advance, rather than trying to hunt for it while you’re filling out the forms.

There’s also something else to consider. This article has focused mostly on getting an uncontested divorce in New York. As you can see, the process is complicated even when there’s nothing to fight about. But the complexity increases dramatically when there’s a disagreement on one or more issues, and contested cases can take anywhere from several months to well over a year to reach conclusion.

The point is that while filing for divorce on your own is possible in New York, it might not always be the best idea. Even with an uncontested divorce, hiring a lawyer may be worth it just for the peace of mind that comes from knowing you’ve completed all the forms properly. And if your situation or finances are complicated, you should at least consult with an attorney before you sign a settlement agreement.

Remember, you’re likely going to have to live with the results of your case well after the divorce is over. If, down the road, you realize you made a mistake, there’s no guarantee you’ll be able to correct it. So it pays to get it right the first time.

How Much Does It Cost To Get A Divorce In New York

When you bring a divorce action, the court will charge you “filing fees,” which are simply fees to file your legal paperwork. For example, when a plaintiff files a summons , the court will charge $210 to file the paperwork. The court clerk will issue an “index number,” which is used to identify the case and should be written on all subsequent, divorce-related papers filed with the court.

The court will also charge fees for additional legal motions or paperwork. You can access a list of filing fees on the New York Court’s website by clicking here

In addition to court costs, if you hire an attorney, he or she will charge you an hourly fee which can range from $100 to $450 in the New York area. This fee usually depends on the attorney’s level of experience.

It is impossible to predict legal fees for a divorce. If your case is uncontested and you and your spouse agree on most or all of the issues, you can probably keep your attorney’s fees to a minimum. If your case is rather complex or highly contested however, legal fees will rise quickly.

Resources

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What If My Spouse Won’t Sign The Return Receipt And The Mail Comes Back To Me

You will have to keep trying. You may also want to try hand-delivery. At a certain point after you have made efforts to serve, you may be able to request permission for service by other means. For more information, see Serving Divorce Papers If You Can’t Locate Your Spouse Or If Your Spouse Is Evading Service.

Child Support In New York

Much like spousal maintenance, child support comes with its own specific formula based on each parents income and parenting time. In the event that youre unable to negotiate a deal on your own and must defer to a judge, this is the number that the court will go with.

As with spousal support, you and your ex also have the option of negotiating your own child support figure.

However, you can expect a little more oversight from the court with regard to approving the number you come up with. Its unlikely that the court will intervene, but if the support figure appears obviously against your childs best interest, they do have the discretion to do so.

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Can I Remain On My Spouses Health Insurance Policy After The Divorce Is Finalized

Most insurance policies do not allow ex-spouses to continue with coverage. This is one reason some couples opt for legal separation, which gives them many of the legal protections of divorce but does not formally dissolve the marriage. At your consultation, we can discuss your options for medical insurance post-divorce, including the possibility of COBRA coverage or insurance under the Affordable Care Act.

Step : Defendant’s Response

After the Defendant is served, he or she will respond in one of three ways:

• The Defendant answers. This means that the Defendant has filed an “Answer” with the Supreme Court and will serve the Plaintiff with the “Answer.” This divorce is now contested. You may want to speak to a lawyer at this point to get advice.
• The Defendant signs the “Affidavit of Defendant.” This is a form where the Defendant agrees to the divorce and does not argue with anything that is being asked for in the “Summons With Notice” or “Summons and Complaint.” Go to Step 4: Calendaring.
• The Defendant does not respond in any way. This means that the Defendant has defaulted. Go to Step 4: Calendaring.

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A Guide To Filing For Divorce In New York

Divorce can be stressful and highly emotional, especially when someone does not understand how the process works. If you are contemplating divorce, or you have already made the decision to move forward, understanding what you will go through can help ease concerns that are sure to crop up.

Although every divorce is unique, there are certain things that all people in New York who get a divorce must go through. When you have a clear understanding of the issues that are common to all divorces, you can proceed with a higher degree of confidence allowing you to make better decisions from start to finish.

Here are some important things to know about the filing process for divorce in New York:

• FAQs About Filing for Divorce in New York

Serving The Defendant In An Uncontested Divorce

After an index number has been purchased and the “Summons With Notice” or the “Summons and Complaint” have been filed with the County Clerk’s Office the Defendant must be told of the case.

If you don’t know where your spouse is, ask the Supreme Court Clerk’s Office for more information about alternative service.

Get the following papers together to give to the Defendant:

• Affidavit of Defendant

Make sure that the index number is on the top of each document.

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What Happens When I Am Served Divorce Papers In New York

If you were served divorce papers unexpectedly, your initial reaction may be to ignore them. However, in the long run, this will not help you in both the emotional and legal sense. If you are unsure of how to handle this situation, continue reading to learn how an experienced Long Island divorce attorney at The Pollack Law Firm can assist you through the proceedings.

What Is A Publicationdivorce Anyway

In short, a New York Publication Divorce is when the Court allows us to publish a legal notice in the newspaper to put your spouse on notice of the fact that youve filed for divorce.

This is known as a legal fiction or constructive notice because the chances that your spouse will read that specific newspapers is one in a billion.

Even though this seems ridiculous to you and me both, this is the law. We have to work with the law in order to get you divorced.

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What Do I Do To Contest A Divorce In New York State

Chances are you have already received divorce papers from your spouse or spouses attorney. Now you must file your own papers in court. This is called responding.

Note: You have 20 days from the day you were given divorce papers to respond. If you do not respond to contest the divorce, the divorce can be granted without your agreement.

How Much Does A Divorce Cost

The NY Courts website lists a schedule of fees for initial divorce filings in on page 5 of their divorce packet. For an uncontested divorce, the inital court filings may represent the majority of the cost. However, for contested divorces, where motions are commonly filed, experts may be ordered to do evaluations, and a lawyer is usually required, the costs can increase greatly.

If you cannot afford the filing fees, you may file an application to proceed as a poor person. Here, for example, is an affidavit that would be filed when asking to have the fees waived The clerks office can tell you exactly what forms to file. If you qualify, you will not have to pay the fees.

Attorneys usually charge an hourly rate, ranging from $175 to $450 or possibly even more, depending on experience. They usually require an advance retainer, which is an initial deposit against which you are billed. You might be able to get an attorney for no cost through our NY Finding a Lawyer page or, if you are low-income, you may be able to get an attorney appointed for you by the court to handle custody and visitation matters.1

1 NY Judiciary Law § 352 NY Dom. Rel. Law § 2373 NY Dom. Rel. Law § 237

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How To Serve Divorce Papers By Process Server In New York

A divorce process server may be hired to fill in the requisite details for process service. Service through a sheriff or a process server might often require their own forms to be filled.

Process Servers in New York must pass an educational test on the applicable rules and laws before issuing a license. This also applies to the subsequent renewal of the said license. However, there is no state-wide mandate on the said educational requirement, which complies solely with the local process serving requirements. Consequently, process servers in the five boroughs must be licensed through the New York City Department of Consumer Affairs. They must keep an electronic record of the past services that they have performed.

Starting A New York Divorce

Documents Needed for Filing for Divorce

Some of the documents required for filing a divorce in New York areas below:

• Summons & Complaint or Summons With Notice: This is served on the defendant to verify that he/she has received the divorce documents which have been filed.

• Continuation of Healthcare Coverage Notice

• Notice of Automatic Order: This has a list of all the court orders which restricts both spouses from taking decisions until the divorce is finalized.

• Settlement Agreement : Used to negotiate all the property and child custody details before the trial.

If you are filing for divorce in New York and your divorce is an uncontested one, then you can use the following forms:

• If you do not have children under the age of 21 years and your marriage has ended for a minimum of 6 months, then you can make use of the Diy uncontested Divorce Program to complete your divorce papers.

• If you have children who are under 21 years of age, then you must use the Uncontested Divorce Packet.

Filing Your Forms

Once you have signed the papers and the forms have been notarized, you must file them with the county court clerk along with the court fees. The county clerks office is where all the case files of the particular county are held for the supreme court. Some counties allow you to file your divorce papers electronically over the internet via the Nysce system. You can check the county list to see if you can e-file your papers.

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What Happens When My Spouse Fails To Comply With A Court Order

A court order has the force of law behind it, so if your spouse refuses to abide by the terms, you can ask the court to enforce the order. Upon hearing the facts, the court can find your spouse has violated the terms and is in contempt of court. Depending on the specifics of the order, remedies can include incarceration, fines, wage garnishment and the seizure of assets, such as bank funds, tax refunds and lottery winnings. We have been successful in seeking incarceration of spouses inwillful violation of a court order.

File Your Documents With The Court

If you are working with an attorney, they will make sure all the forms are correct and will file them for you at the appropriate court. This will either be in the county where you live or where your spouse lives.

You will need to pay $210 for an index number that needs to be put on all documents filed with the court. The total costs for court and filing fees in an uncontested divorce is $335 and does not include photocopies, notary fees, mailing, process server fees or attorney costs.

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