Divorce can be an overwhelming experience. Individuals seeking a divorce must file a petition for divorce and serve their spouse with divorce paperwork. It does not matter what state you reside in as all states require individuals to serve their spouse with divorce papers. By serving your spouse, you are giving them proper notification of the divorce proceeding. Properly notifying your spouse is required by the court, as they are unable to grant any orders if a spouse is unaware of the circumstances at hand. If you need help successfully serving your spouse, contact our experienced and dedicated Rockland County Divorce & Family Law Attorneys who can help you through the complex divorce process.
How can I serve my spouse with divorce papers in New York?
In New York, divorce papers cannot be directly served from one spouse to another. They must be directly handed to your spouse by an outside party. This may include a friend or family member, however, they must be at least 18 years old. The person who serves your spouse must also be a resident of New York. A spouse can hire a process server to serve their partner as well. A process server is an unbiased third party. Their job is to locate and serve your partner. If your spouse agrees to be served through the mail, you can serve them through the mail. However, your spouse must sign a Notice of Acknowledgement and Receipt (NOA) alongside the divorce papers to confirm they have been made aware of the divorce proceeding. If the spouse who is serving the divorce papers cannot locate their partner, the court will allow official notification of the divorce to be published in the newspaper. Ultimately, the court can decide what method of service is required if a spouse cannot be located. An individual has 120 days from the date the divorce petition was filed to serve their partner in New York.
Does New York have residency requirements?
New York enforces strict residency requirements for those seeking a divorce. If divorce is imminent, you must ensure you meet the residency requirements to file for divorce which includes:
- The grounds or circumstances that led to the divorce occurred in New York
- The circumstances that led to the divorce happened in New York, and one party has been living in New York for a continuous period of a year
- You were living in New York while you were married for a continuous period of a year
- The marriage took place in New York and one party has continuously lived in New York for a year
- If the marriage did not take place in New York and neither party has lived as a married couple in New York, then one party must have been living in New York for a continuous period of two years
Individuals seeking a divorce must meet New York’s residency requirements to file for a divorce. If you meet the above requirements, it is important to consult with an experienced attorney who can help you get the ball rolling in the right direction.
If you need help navigating the intricate New York divorce process, don’t hesitate to reach out to one of our skilled and devoted attorneys. Our firm is ready to fight for you and help you achieve favorable results.