Can I be served divorce papers on a national holiday? Martin Luther King Day?

Asked almost 2 years ago - New York, NY

Divorce papers were filed in Georgia. They were served on me in NY. Are these papers valid? Do I need to be re-served?

Attorney answers (5)

  1. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . I can't see why not. There are prohibitions against serving on the Sabbath, but MLK day was a Monday.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. David Alexander Browde


    Contributor Level 20


    Lawyers agree

    Answered . The service is valid under New York law.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. John L Ponzini

    Contributor Level 6


    Lawyers agree

    Answered . While distasteful, it is valid service in Connecticut and probably in most States.

  4. Steven Warren Smollens

    Contributor Level 20


    Lawyers agree

    Answered . Dear can I be served?

    New York prohibits service of civil process on the first day of the week unless in a criminal proceedings or where authorized by statute. Service on a person known as a religious Saturday Sabbath observer, if malicious, is a misdemeanor.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  5. Deborah G. Fiss

    Contributor Level 14


    Lawyer agrees

    Answered . I am an attorney and the owner of a process service company. We never serve papers on legal holidays when the the Courts are closed because the licensing agency frowns upon it although Courts do not generally mind.

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