Legal Question in Family Law in New York

affidavit of non military service

Hello. I'm a young attorney and I have done several uncontested divorces in Nassau County, NY. I'm doing my first uncontested divorce in Queens Supreme Court. Unlike Nassau Supreme Court, the Queens Supreme Court wants an affidavit of non military service filed with the papers. Should I get the plaintiff to fill out an affidavit? The defendant is already in default and my papers are ready to be filed. Thanks so much.


Asked on 8/09/05, 8:41 pm

3 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: affidavit of non military service

Usually, the Process Server signs the "non military, affidavit statement, as part of the Affidavit of Service.

When Process is affected, the Process Server, is supposed to ask "Are you in the military or active duty ....

Look at your documents.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 8/10/05, 3:45 pm
BRAD S. MARGOLIS LAW OFFICES OF BRAD S. MARGOLIS

Re: affidavit of non military service

Good Day:

Ny office handles a large volume of matrimonial cases and would be more than glad to answer any questions directly. Please email me your email address to [email protected]

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Answered on 8/10/05, 9:51 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: affidavit of non military service

The 'affidavit' is made by a person who has 'conducted an investigation.'. It is enough to ask the party and get a negative answer. If he/she will not answer, then there must be an actual investigation. Ask for the 'packet' from the court on what needs to be in the investigation.

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Answered on 8/10/05, 1:47 pm


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