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

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. 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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. 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 could be considered attorney advertising.


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


  4. 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 try to avoid a bad outcome if you can.


  5. 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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