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

Asked over 1 year ago - 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.

Additional information

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.

Attorney answers (5)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Jean M. Mahserjian

    Pro

    Contributor Level 14

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    Answered . 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.

  3. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . 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.

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  4. Maria C. Tebano

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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.

  5. Anne Peyton Bryant

    Pro

    Contributor Level 8

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    Lawyer agrees

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    Answered . 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.

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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