Legal Question in Family Law in New York
Time Limitation on Paper Serving
I want to get a divorce. I know that my spouse needs to be served with papers before anything starts moving. I don't know if she will agree to a divorce (we have no children, no property). I also don't know how soon I will be able to locate her. Is there a limit on the time during which I can do that starting from the moment that I get the divorce papers that my spouse needs to be served? (I know that I can't personally serve them, I will have a friend with me who will do it). Is it ok if it takes 3-4 months to do that?
At that moment she can sign the papers that she has no problem with divorce or can try to drag the case on.
I would also want to get a recommendation for the lawyer in NYC that can deal with my case.
Thank you.
7 Answers from Attorneys
Re: Time Limitation on Paper Serving
It is best to have the papers prepared, but not filed until your spouse is located. In this way, there is no time limit. You can start the divorce (by filing the court papers) at any time after you have located her. Our law firm handles divorce matters. Our billing rate is $350 per hour. We can provide assistance for every phase of your case, including locating your spouse if necessary. If you wish to arrange for a consultation, you may call us at (212) 267-7000
Re: Time Limitation on Paper Serving
I do this all the time. The courts have a procedure where you can "legally serve" someone without actually knowing where she is or actually contacting her; service by publication on application to the court (you need the judge's permission for this method).
My fee for such a divorce would be 400 plus court fees.
Re: Time Limitation on Paper Serving
The first step will be to locate your spouse and then proceed from there.
If you need an attorney, I am conveniently located in Bay Ridge, Brooklyn. You may visit my website for more information (www.attorney-nyc.com) or call me at (718) 491-3345.
Re: Time Limitation on Paper Serving
Get a lawyer!
Schedule an appointment for consultation with an attorney to review all of your plans re the divorce!
Follow the directions in your uncontested Divorce Packet!
Good luck,
Phroska L. McAlister,ESQ
Re: Time Limitation on Paper Serving
Threr is no time limitation on the service of papers.I handle these types of cases and you may call my office @718-834-0087 for a free phone consultation.
Re: Time Limitation on Paper Serving
Service must be made personally within 120 days from filing the summons.
For an uncontested divorce many attorneys (including this office) charges a flat fee.
Mike.
Re: Time Limitation on Paper Serving
There is no reason to wait. If you cannot locate your wife you can ask the court for additional time to serve or to order alternative means of service. If your wife does not consent to the divorce, you may have grounds for a trial. I am primarily engaged in family law litigation and would be happy to discuss your case in detail. You can reach me at 212-255-4077, ext. 6201.
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