A commonly asked question in a divorce proceeding is, What happens if you attempt to serve your spouse papers, and he or she isn’t there To commence a divorce action in New York State, you must give notice to your spouse. There are two common ways that notice is given. One is that an affidavit is prepared and your spouse signs the paper saying that they received the summons and complaint and allow you to proceed with the divorce. A second way is someone must hand deliver the papers to your spouse. It has to be someone over the age.
Of eighteen years of age. And, if you’re the party the case, you cannot serve the papers. You have to have someone else do it. Most often, my office uses licensed process servers to serve papers. They need to know where the person lives andor works, and a description of the person height, weight, hair color, age, eye color, skin color, and then they go about delivering the papers to the spouse. If the spouse is not at the job and not at their home, they are unable to deliver the papers and the court does not have jurisdiction,.
Or power, over your spouse for a divorce proceeding. There may be another way to get a divorce and that would be service by alternative means. You would have to show the court that you’ve made a due diligent effort to locate your spouse and cannot find your spouse and request that the court allow you to serve someone else who would inform your spouse or to serve the papers by publications and put it in the newspaper. Those are very lengthy and expensive procedures. It’s best to contact an attorney to discuss your options. Thank you very much.