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What can one do if they have file for an action of divorce but the ex wife keeps evading service in rochester, ny?

Rochester, NY |

The index number has been purchase, the affidavit of service has been file but my ex wife is dodging the sherriff in order to avoid service of the action.

Attorney Answers 6


  1. You can report this to the court and have the sheriff keep trying, most good sherrifs will get her, in my 20 plus years we have always been able to serve someone in state or get a court order or file a divorce by publication. take care.

    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.


  2. Hire a process server. They will know what to do.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Also speak to your lawyer about a licensed process server and have a copy of the summons given to your friends and family in case they see her they can also serve her. Provide the sheriff with her address for home and work.

    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.


  4. Good day:
    Please speak to the person who attempted service. See if and what the issue was.

    Also if she wasnt served there can be no affidavit of service filed. Perhaps you mean an affidavit of non service.

    Good Luck

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  5. If the affidavit of service for the summons with notice or summons with complaint has been filed, there is nothing further you need to do in terms of serving her, and the divorce may proceed by default if she does not respond. I have a feeling the Affidavit of Service, though, by what you are saying has not actually been filed. Hire a private process server and you will have better luck.


  6. Hire a process server.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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