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I am planing to serve my husband with divorce papers with the service of Sheriff's office.

New York, NY |

May I accompany a person to retrieve my personal belongings from my husband's apartment and return keys, wedding and engagement rings, or it is considered as a different service. I am afraid to go alone, because my husband is unpredictable and I do not want to involve my friends. Besides he might make up some stories (any kind) and claim that my friends are on my side. Thank you for your time.

I want to thank all the attorneys who responded to me. Each answer make sense to me. And it is not much to take,anyway. Maybe I just leave it there and make him deal with memories.

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Attorney answers 5

Posted

You can ask the Sheriff's department if they will escort you to the apartment to pick up your belongings. You can also wait until after he is served, see if your husband retains counsel and then see if you can go through his attorney to arrange to pick up your belongings.

Posted

This is a separate type of service. The purpose of serving the divorce papers in hand is to provide your husband with notice of the filing and nothing else. Once served, you should go through your counsel or your husband's counsel to arrange for the retrieval of your belongings. If neither of you have counsel, you can present the issue to the court.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

Consult with a divorce lawyer before serving the summons and complaint. You can also seek pendent lite relief and remove personal items and other options.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

Typically people hire process servers other than the sheriff's department to have a divorce action served upon their spouse. You can certainly have the local authorities escort you to your home to retrieve your personal belongings, but that most likely won't be done at the same time as the paperwork is served. You should go to the apartment with the police when your husband is at work. You should also retrieve your personal belongings before you file for divorce, since once you file, there will be automatic orders in place that may prevent you from removing anything from the apartment, absent your husband's consent.

Posted

Was the apartment the marital apartment? Are there any orders of protection outstanding? You can ask the police department if they will escort you to the apartment to pick up your belongings however depending on the specific facts of your circumstances you may want to wait until after he is served, and if your husband retains counsel and then going through his attorney to arrange to pick up your belongings may be the least hostile way to retrieve your belongings and ultimately settlement negotiations are usually easier after emotions die down.

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