Legal Question in Family Law in New York

Re: Serving Divorce Summons

A process server must be a NON-PARTY to the legal action AND must ALSO be over 18. Thus, you yourself personally could NOT have served the summons on your husband in this divorce action and your husband could NOT himself have served a summons on you in a divorce action because you are each parties to the divorce action.

HOWEVER, a friend of yours or a relative over the age of 18 could have properly and effectively served your husband with the summons since such friend or relative is NOT a PARTY to this divorce action.

A process server does NOT have to be LICENSED NOR TRAINED, and does NOT need prior experience.

Your lawyer is NOT a PARTY to the divorce action (and is presumably over 18) and therefore GENERALLY can serve your husband with the summons and your husband would be considered served. (HOWEVER, IF your husband is REPRESENTED by his own lawyer in this divorce action, then that might be a problem since the attorney of a party to a legal action is not allowed to contact the opposing party in that legal action but must instead communicate with the opposing party's lawyer).

Re: Serving Divorce Summons

First, you should never be ashamed to ask your attorney a question - there is nothing that any attorney will consider offensive...if you have a question, it should be answered!

Second, the service you describe is absolutely effective. There is no requirement that a process server have a license, only that he or she be above the age of 18.

Good luck!