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What to do if my Summons With Notice -Action of Divocrce was not propoerly served to me?

Yonkers, NY |

My ex and I have been trying to file an uncontested Divorce but I am now sent a Summons with Notice-Action of Divorce. It came in the mail first class but no signature was requested.

Attorney Answers 7

Posted

Bad service is an affirmative defense that can be raised but it doesn't have to be raised. If you want to get divorced I see know reason to make an issue of service unless there is some strategic reason like you want to be the plaintiff.

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.

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Posted

I am assuming by your posting that you want the divorce. Your spouse will either need to show proof of personal service of the divorce summons, or have you sign a form accepting and acknowleding service of the divorce in order to get the divorce done. If you want to complete the divorce, I suggest signing the acknowledgment of service. If you do not want the divorce, you do have a defense to the divorce due to lack of proper service as the attorney below mentioned.

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Posted

I am sorry to hear about your situation.

If you both agree on everything why are you considering fighting?

You should contact an attorney to discuss your questions as additional information would be helpful.

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

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Hayley Greenberg
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
www.GreenbergMerola.com

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Posted

Depends if you actually want to cooperate. If so, sign the acknowledgement and call an attorney. If not, call an attorney immediately.

Drantivy Law Firm, PLLC
807 Kings Highway, 2nd Floor
Brooklyn, NY 11223
(718) 375-3750

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Posted

Feel free to get in touch.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Posted

The technical answer is: most likely it's not good service. The practical question is whether you gain any advantage by delaying the case. If you do not oppose getting a divorce & wish to engage in an amicable settlement, then my suggestion would be: why not contact your spouse's attorney & see if they wish to resolve the case amicably? I still think it's worth it to sit-down with a matrimonial attorney for a consultation just to be on the safe-side.

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Posted

If you are both in agreement as to an uncontested divorce then you can waive the bad service. That being said review the documents with which you were served and make sure it states clearly the terms that you all discussed. If you are wihing to be divorced then you can waive bad service contact your husband's attorney and request the complaint. Review everything in detail. you do not want to be blind sided later on to come to find out the terms were different. Read everything and you may wish to consider discussing your options with an attorney.
Not knowing how long you two were married or how old you are I feel i need to err on side of caution and state a consult with an attorney may be a good idea. Know what your rights would normally be and know whatever you are waiving. Look at everything with a broad spectrum in mind. Not just focusing on today but years down the road.
All the best

Virginia Alvarez
350 Broadway, 10th Floor
New York, NY 10013
646-538-3431
Initial Consultation is free.

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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