Legal Question in Family Law in New York
process service of divorce papers
Hi! A man lives in NY and his wife lives in Cananda. If he wants to serve her with divorce papers can he mail the summons and complaint to her along with a Defendant's Affidavit of Service? If she signs it is this correct service for a NY divorce? I know that divorce papers must be personaly handed to the Defendant by someone other than the Plaintiff. Thanks so much!
1 Answer from Attorneys
Re: process service of divorce papers
If the other party (the defendant in the action) fills out the "Defendant's Affidavit" and has it notarized, then it does not matter how she receives the documents. She is waiving the defense of inadequate service.
Just make sure that the "Def Aff" includes a point indicating 'acceptance of service'.
You might want a lawyer drafting that particular document.
Feel free to email me with any other questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
