Divorce Process Service in New York.
Rules for Service of Process in Matrimonial Actions in New York.
Unless expressly authorized otherwise by a judge, service of process in actions for divorce must be effected in person only. Service by
mail or service upon a third party (adult of suitable age residing at the same house where the defendant resides) is completely
unacceptable in the State of New York. However these rules are flexible in other states. For example, Florida laws allow service of divorce
papers upon a person of suitable age who resides at defendant's place of abode if the defendant is not present at the time of service.
Naturally the fact that service of process must be effected in person in New York matrimonial actions does not restrict alternate service
of process if defendant is evasive of service and the judge has been informed of those circumstances through an affidavit of attempted
service. Upon studying the affidavit of attempted service, in this particular situation, the judge may order "alternate service" or "nail and
mail".
If the Defendant's whereabouts are not known, the process server must do due dilligence to locate and serve Defendant. If after said
dilligence, the process server issues an affidavit of non-service or attempted service, the judge may order or allow service by publication
(Publishing the summons on a recognized local news paper). Service by publication is costly and it is a last resort option used only if all
other options are not available.
Unless expressly authorized otherwise by a judge, service of process in actions for divorce must be effected in person only. Service by
mail or service upon a third party (adult of suitable age residing at the same house where the defendant resides) is completely
unacceptable in the State of New York. However these rules are flexible in other states. For example, Florida laws allow service of divorce
papers upon a person of suitable age who resides at defendant's place of abode if the defendant is not present at the time of service.
Naturally the fact that service of process must be effected in person in New York matrimonial actions does not restrict alternate service
of process if defendant is evasive of service and the judge has been informed of those circumstances through an affidavit of attempted
service. Upon studying the affidavit of attempted service, in this particular situation, the judge may order "alternate service" or "nail and
mail".
If the Defendant's whereabouts are not known, the process server must do due dilligence to locate and serve Defendant. If after said
dilligence, the process server issues an affidavit of non-service or attempted service, the judge may order or allow service by publication
(Publishing the summons on a recognized local news paper). Service by publication is costly and it is a last resort option used only if all
other options are not available.
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