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

Asked over 1 year ago - 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. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . 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... more
  3. Susan Kathleen Duke

    Pro

    Contributor Level 14

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    Answered . 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.

  4. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . 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.

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  5. Brad S. Margolis

    Contributor Level 10

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    Lawyers agree

    Answered . 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... more
  6. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . Hire a process server.

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