Legal Question in Family Law in New York
Serving Divorce Papers
I am currently a student in Los
Angeles, CA, but I filed for marital
separation last June in Binghamton,
NY. My plan is to complete the
divorce in June using the online
sources that I used to retrieve my
marital separation papers. My spouse
still resides in NY, so I am wondering
what the best way would to serve my
spouse the divorce papers with me
living in Los Angeles? Can the divorce
be completed with us living on
opposite sides of the country? Is it
necessary to go into the courthouse
together, and if so, do we need a
copy of the marital separation
papers?
2 Answers from Attorneys
Re: Serving Divorce Papers
I agree with David. Hire an attorney. Most attorneys will charge a flat fee for an uncontested divorce.
Mike.
Re: Serving Divorce Papers
If what you're doing is converting a properly filed separation agreement to a divorce on the basis of one year of time having passed since the filing, there is no need for either of you to appear, much less for you to do it together. It will, however, probably save you considerable time, money and headache to hire an attorney near the appropriate courthouse to make the requisite filings.
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