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Can I send my husband divorce papers to sign, if he lives in another state?

Glens Falls, NY |
Filed under: Divorce

He lives in Deleware. We have lived apart since October of 2009. I recently found out that he is engaged now and has a child on the way with another woman. He is finally agreeing to sign the papers, if I file the divorce.

Attorney Answers 6


  1. He can sign papers in another state as long as they are notarized. He can accept service in written form. Your attorney will walk you through it or you can deal with it pro ae. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. Sure.

    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. He can absolutely sign the papers in a different state. You may want to consult with a local attorney to help you file the proper papers.
    Good luck.


  4. If you mean can you serve him with the summons and complaint for divorce by the mail the answer is YES if he accepts. See CPLR section 312-a for the form and procedure.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  5. Yes, as long as your husband signs an affidavit of defendant before a Notary in Delaware, it would not be a problem


  6. He can sign a consent and waiver to the divorce in another state. The Consent must be in proper form and notarized. If you have unresolved issues such as joint property, debt, custody or support, you will still need to resolve those as well. That too can be done by a signed settlement agreement. If he is signing that out of NY state it needs to bear a full out of state notary, which is different from New York. Be sure to get the advice of counsel.

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