Serving divorce and family court documents in New York

Whenever you initiate a court action, the other party or parties must be served with notice, so that they may respond. There are very specific rules that govern the way these documents are served, and failure to follow them can result in added time and expense spent correcting the mistake.

Divorce cases

The New York Supreme Court oversees divorce actions filed within the state. An action commences when you file a summons with notice or a summons and complaint at the courthouse of the county where you reside and serve your spouse.

If you serve the summons with notice alone, then the other person has 20 days to serve you with a Notice of Appearance, which indicates their intention to attend court. After they appear, you have 20 days to serve them with the complaint, which details the reasons why you are filing for divorce. If the summons and complaint are served together, then your spouse has 20 days to answer the complaint.

As a party to the divorce action, you may not serve your spouse, and vice-versa. You can ask a friend or relative to do it for you, provided they are at least 18 years of age, or hire a professional New York process server. The service itself may be accomplished in one of the following ways:

• Handing the summons and/or complaint directly to your spouse
• Serving an adult who lives or works with your spouse and sending a second copy via first-class mail to their last known address or place of business (envelope must state “Personal and Confidential”) with permission of the court
• Newspaper publication of the divorce proceeding if your spouse cannot be located
• Any other method of service approved by the court

In New York State, service of process may generally not be made on a Sunday or on a Saturday if it is a holy day for the respondent.

Whoever serves your spouse must complete and notarize an affidavit of service, which you are required to bring with you to court.

Family court actions

Family Court actions cover matters such as child support enforcement and orders of protection. After filing the paperwork in the appropriate courthouse, you must serve the respondent at least eight days prior to the assigned court date. Service must be completed by an adult over 18 years of age who is not a party to the court action, such as a friend, family member, professional process server, police officer, or the sheriff.

Like divorce papers, these documents may not be served on a Sunday unless they pertain to an order of protection or summons for an order of protection.

If you intend to divorce your spouse or serve them with a Family Court document, then contact a New York family law attorney today. Correct service of process is an important part of a successful action, and your attorney can ensure that all required steps are followed.

The lawyers at Eskin & Eskin, P.C. have more than 40 years of combined experience in divorce and family court cases. They offer free consultations and represent clients in New York City. Their office is steps from Bronx County courthouses. Call 718-402-5204 to set up a consultation or visit www.EskinandEskinLaw.com to learn more.