Legal Question in Family Law in New York

Re: Serving the Divorce Papers

You are going to need to make a motion to the court for alternative service. You will need your process server's affidavit as to his attempts at personal service. If the motion is granted, you will serve in accordance with the court's order. You probably cannot do this yourself, and should consult with counsel with regards to this application for alternative service.

For NY Law and official court forms go to

http://justiceneversleeps.net

Re: Serving the Divorce Papers

This is not unusual. The solution is to use an alternative form of service.

In this circumstance, the typical action is to petition the copurt for an opportunity to 'serve by publication'.

It's not complicatted. You are welcome to a consultation for no fee where I can give you the details. Email is best for making an appointment.

Re: Serving the Divorce Papers

NO. Without a Court Order, You cannot "Serve" Notice of your Divorce, upon your spouse, by any other means, than Personal Service.

If possible, you might consider asking your spouse to accept Service. Please note, A Spouse may sign a Defendant Affidavit,before a notary. Which Affidvait can evidence receipt of the Divorce Notice and Complaint, without Defendant admitting, consenting or agreeing to any of the relief requested.

Good luck,

Re: Serving the Divorce Papers

No, you can NOT serve by certfied mail. Need personal service for a divorce.