If your spouse lives in New York, anyone other than you who is a resident of New York State and is over 18 years old can serve your spouse. Service must be "personal," which means personally handing the papers to your spouse. Your spouse can be served any day of the week except for Sundays.Divorce records, which include the divorce certificate and divorce decree, are typically public. At minimum, anyone searching for a divorce record will be able to find out whether two individuals are divorced. However, if records are sealed, anyone who is not a party to the case will be unable to.Serving the Defendant in an Uncontested Divorce. After an index number has been purchased and the "Summons With Notice" or the "Summons and Complaint" have been filed with the County Clerk’s Office the Defendant (the other spouse, husband or wife) must be told of the case.Divorce is a legal process that requires proper service. The party filing for divorce is considered the plaintiff and the filing party’s spouse is referred to as the defendant. The plaintiff is responsible for serving the defendant. According to New York law, a divorce is not granted unless proper delivery has.Divorce cases can be very complicated and it is a good idea to meet with a lawyer. Preparing the Papers. If you are filing for an uncontested divorce there are forms available for your use: If you have no children under 21 and your marriage has been over for at least 6 months, you can use the diy uncontested divorce program to make your papers.New york state unified court system create your own court forms for an uncontested divorce (online program) An uncontested divorce is where both you and the person you want to divorce agree to divorce and there is an agreement about what will happen to your finances and property after the divorce.How Our New york divorce lawyers Can Work For You When you are in a divorce case, there are many complicated issues at hand. Your attorney will need to help you sort through many financial documents in order to make sure your settlement, alimony, child support, and division of property are fair.
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