To formally begin the divorce the plaintiff must file a “Summons” or a “Summons with a Complaint” with the county clerk’s office. According to state law, a defendant in a divorce must be served within 120 days after a plaintiff has filed the summons.
There are several acceptable ways to serve divorce papers in New York:
1. Ask a neutral party over the age of 18 to personally hand it to your spouse.
2. Send a petition via certified mail with a return receipt.
3. Hire a process server to deliver your divorce petition promptly.
Serving divorce papers has to be done accurately or you’ll have to redo the entire process. This means filing new paperwork and paying an additional filing fee. Our experienced process servers are trained to serve divorce papers in New York quickly and seamlessly. We can help you avoid common missteps and ensure a stress-free delivery.
Our times are some of the quickest in the city. We can serve your papers within the following time frame:
- Standard Service (3 to 5 days),
- Rush Service (24 to 48 hours), or
- Same Day Service (On the same day)
The server delivers the divorce summons to the defendant and fills out an Affidavit of Service that indicates the recipient’s name and the time, date, and address of service.
Our qualified process servers know the ins and outs of serving divorce papers in New York. We can guide you in properly filling out an affidavit of service and filing it with the court clerk. We also know the right days and times to carry out the service.
If service is done improperly or if you miss any deadlines, the case cannot move forward and you may have to go back to square one.
As a diligent and licensed agency, we have always served defendants in the manner required by law. Hand delivering your documents in Manhattan, Brooklyn, Queens, Bronx, and Staten Island in addition to Long Island’s Nassau and Suffolk counties. We will serve the papers during the selected time frame and provide you with the necessary proof (Affidavit of Service) timeously.
When you have made the decision to file for divorce you want the process to be completed as quickly as possible. That starts with having your papers served in a timely manner. Once a defendant is served, they will have 20 days to file their response.
Therefore, your selection criteria for an agency should be based on whether you would like the process to be effortless, stress-free and expeditious. You could choose a cheap agency, or use a quick agency but, you will find it less time consuming and more cost effective if you choose the right agency.
An agency that:
- Serves the court documents on time.
- Files your Affidavit of Service quickly.
- Sends you real time notifications of the delivery’s progress.
- Is ethical and trustworthy.
- Has a track record of successfully serving even the most evasive defendants.
When serving divorce papers in New York, the person served must respond in writing. This written response is referred to as an “answer” or “response,” It allows the recipient to state their side of the story and make relevant arguments before the court.
The spouse must respond within 21 days of being served to avoid having a default judgment handed down against them.
New York state law requires that the service of process must be done personally, meaning that someone cannot just leave a copy of the papers at your spouse’s home or place of work.
If you cannot reach out to your spouse, you can file a motion with the court to ask permission to proceed with a “motion to publish.” This allows you to serve documents to your spouse via a newspaper or other public service.
You will receive a copy of your spouse’s answer if they filed in court. Answers must be mailed directly from your spouse’s legal counsel or the court. You can also check with the Family Court Central Intake Center after 21 days to confirm if they filed an answer.
You can continue with the divorce case, but you’ll have to file for default. The court can then enter a default judgment if your spouse does not file an answer or respond to the complaint within 21 days.
Without a response from your spouse, the court can grant a divorce on the terms you requested in your complaint.
If your spouse fails to respond to your complaint, you can ask the court for a default judgment. To do this, you’ll have to complete and file an Affidavit in Support of Default and in Compliance with the Servicemembers Civil Relief Act.
You must do this within 30 days of the date your spouse was served. If a default is requested and granted, no further action is needed from your spouse for the divorce to proceed.
Our service is straightforward and efficient. Many of those who need to have documents served end up with a disaster on their hands because they did not choose the best agency for the job. They will end up using our services, nonetheless. So, if you’re serious about your divorce why not contact us today? We can serve your soon to be ex-spouse in half the time and with twice as much care as our competitors.