He has the papers two months and has not signed. I went to court and they told me the person who served him need to sign a paper saying they gave it to him. I showed evidence of his knowledge of the divorce papers but they did not even look at it. I have i.m messages and facebook messages as proof.However, the person does not live in the U.S and as a result I have a hard time contacting them. Now the court said I have to serve him again and use another person who must live in the U.S. They also said if not then he must sign a paper saying he got, which is silly because if he did not sign the divorce paper why would he sign anything else. What can I do to move forward with the divorce process? Please help. I can't afford a lawyer. P.s he is trying make me suffer because I am leaving him.
He keep saying he will send it but has not. A family member said he has them in his room and nothing is signed. He will not sign because he wants to get back at me for leaving him, when he cheated and is living off the mistress which is sad. He would laugh and say he would get me back. I lost my job and thus can't afford a lawyer. He refuse the help with the divorce as a result. He is a wicked person he would keep calling me and use abusive Speech . I feel hopeless and alone. I need all the help I can get. I need to move on with my life and he is in my way of that. I am stressed and I need all the help I can get. Please Help me!!!!! Is there another way out?
The residence of the process server is not an issue. The proper form of the affidavit is.
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Criminal Defense Attorney
You have to properly serve him using a method in the CPLR. It is not enough that he knows about the case.
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) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Was he served with the complaint you filed in Supreme Court? He doesn't have to "sign" anything. The person that serves him has to sign an affidavit that service was made.
And if you say you can't afford a lawyer, i doubt that's the case. Why can't you bring an motion against him to pay your costs (I am sure he is not living in St. Lucia without money). or find an attorney to work with you.
Family Law Attorney
Your husband needs to be personally served according to our guidelines. The person who serves him must fill out and sign the affidavit of service. He should err on side of caution and have the affidavit notarized at the anericsnconsulate. When you court stated must be served by us citizen was there an order if so basis?
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Be careful about the legal advice you get from clerks in the court--Because they are not attorneys and can give you incorrect information. In your case, you are getting the wrong information. If your husband lives in St. Lucia, he can not be simply served by anyone who lives in the US. He must be properly served as provided under New York law for service abroad. For St. Lucia, this will likely mean by a licensed attorney or process server in St. Lucia.
Feel free to give me a call now for a free consultation (646) 587-0188. Even if you still decide to represent yourself, we can at least answer some of your general questions about the process and how to proceed without your husband's signature.
Leta Liou, Esq.
The Law Firm of Liou & Maisonet, PLLC
124 Nassau Street, Suite 2
New York, New York 10038
Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.