Legal Question in Family Law in New York
serving papers
I filed for my index ## and the process server has spent almost three months trying to serve my estranged husband. His mother comes to the door and says he lives there but is not home. Over 20 times now.
What can I do now? The process server has given up and is writing me a letter of due diligence.
Thankyou.
3 Answers from Attorneys
Re: serving papers
The "Due Diligence" letter is used to support a Motion to serve your husband with the Notice for Divorice, by "Publication."
Given your husband's behaviour, it is possible the divorce will be uncontested, after Process Service.
Good Luck.
Re: serving papers
You will have to obtain an ex parte order to effect service by some other method than personal service.
It may be time to consult with or retain an attorney
Re: serving papers
The letter of due diligence will solve most of your problems. You must follow up with a form of service called "nail and mail". Have someone go to his residence and tape the notice of action on the front door of the residence.
Then mail it twice in separate envelopes; once certified mail and once regular (first class) mail.
When you place the envelopes in the mail, then he is legally "served" and you may continue to the next step.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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