Legal Question in Family Law in New York
Serving Order to Show Cause
How do I serve an order to show cause in NY State. This relates to enforcement of the oral stipulation in the divorce. Can those papers be served to her attorney? If so, can they be mailed to her attorney and that be considered adequate service. Who can provide the service? Do they have to file an affidavit of service with the County Clerk's Office?
1 Answer from Attorneys
Re: Serving Order to Show Cause
I assume you are going to family court for enforcement. When you swear out the papers there a clerk will tell you how to serve the papers. You can put in a request to serve the attorney but unless the case has just ended or if the attorney has been in contact with you the request will be denied.
If you are going to Supreme Court you have to draft the papers yourself and can include in the order a paragraph to serve the attorney. The court can modify that paragraph if they think it is inappropriate.
I would advise you to hire an attorney especially if you plan to go to Supreme Court, There are a myriad of rules and acceptable formats for the paperwork which can be daunting to the layperson.
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