Can I serve my spouse the divorce papers?

Asked over 2 years ago - Bronx, NY

Can I serve my spouse the divorce papers or somebody else has to do it?

Attorney answers (4)

  1. Elazar Aryeh

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Since you are an interested party, you cannot, in this situation, serve your husband.

    You should have a third party, most preferably a process server, serve your husband and have him file the Affidavit of Service with Court. You must give a current picture of your husband to the process server so he can serve him personally.

  2. Philip Adam Kusnetz

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . No. You are a party to the action. A non-interested adult must serve the papers upon your spouse.

    I recommend that you use a licensed process server. I also recommend that you consult with an attorney, as divorce is a complicated matter.

  3. Jill Marie Zuccardy

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You may not need to use a licensed process server. It depends on whether you can afford to use one (times are tough), and also on your relationship with your soon-to-be-ex-spouse. If s/he is not going to fight the divorce and won't say s/he never got the papers, you can choose to have a friend or relative serve him/her without too much risk of messing up the case.

    The key is to make sure that the person who serves (1) can identify him/her (knows him/her); (2) asks him/her if she is in the military (weird question but it is required) and (2) fills out an affidavit of service in front of a notary, immediately. There is a form for the affidavit of service on the Unified Court System website.

    Good luck.

  4. Bari M. Lewis

    Contributor Level 3

    Answered . No, you can't personally serve your spouse with divorce papers. Someone else needs to do it. Person serving papers has to be a process server or a person 18 years of age or older.

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.

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