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