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

    Pro

    Contributor Level 19

    12

    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

    Pro

    Contributor Level 20

    9

    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

    8

    Lawyers agree

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

  4. Steven Warren Smollens

    Contributor Level 20

    7

    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

    1

    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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Service of Process in Divorce: Notifying the Defendant of Your Petition for Divorce

Service of process in divorce is the official term for notifying the defendant spouse that a divorce petition was filed with the court.

Avvo Staff

I Want a Divorce, But I Can't Find My Spouse

If you've been separated from your spouse for an extended period of time, you might decide to take the next step and file for divorce. But what happens if you've lost track of your spouse... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

21,954 answers this week

2,947 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,954 answers this week

2,947 attorneys answering