Legal Question in Family Law in New York
Filed for Uncontested Divorce Need Help!
Hi, a few months ago I filed for an uncontested divorce in NY. I have followed everything in the booklet to the letter. my (soon to be X) wife sent a that she wanted a copy of the ''verified complaint'' I filled this out, had it notarized and mailed her a copy return recipt requested signature required. she recieved and signed for it 2 days later. I waited the required number of days and had no further response from her so I went ahead and filed all the paper work. I gave them originals of everything and more than one copy of everything that the instructions stated I needed to do.
I paid all the fees and was told just to wait to hear from the court. if everything was in order they would send something to let me know i could come down and complete the process. I recieved a letter from the court today stating that they want an ''affidavit of service'' for the verified complaint. i gave them the notarized original and the recipts from the post office and the signature card.... is there something I am missing? the only AoS I can find is for one being persoonally served. Is there a form to fill out if you regiister mailed it with return reciept requests? Please Help!!! Thanks
1 Answer from Attorneys
Re: Filed for Uncontested Divorce Need Help!
Your wife must be served by personal delivery of the summons and complaint, i.e. the summons must be handed to her. She then gets twenty days to respond. You cannot serve her - you must get a friend or process server to do so. Service is required to be effected within 120 days of purchase of the index number - although this is an affirmative defense that must be raised by the defendant.
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