13 Oct How To Serve divorce papers in Staten Island
How To Serve divorce papers in Staten Island
The legal matters behind a divorce can be stressful. However, if there is one thing you need to know, it is how to serve divorce papers in Staten Island. Before anyone can make arguments in court, the right legal papers must be involved. The Plaintiff is the spouse starting the divorce case while the other spouse is the Defendant. The Defendant is the one getting served the legal papers.
New York law requires that the legal papers for the divorce be delivered directly to the Defendant. However, in a contested divorce, the legal papers cannot be served to the defendant by the plaintiff. Instead, a third party must be able to do it, such as a process server by First Class Process.
Some of the requirements that this third party must meet under New York law are:
- The Plaintiff cannot serve the papers
- This person must be at least 18 years old
- This person must be a New York State resident if they are serving in New York State
- The papers must be handed to the defendant personally
The papers must be served in the following way:
- within 120 days from the date the papers were filed (within County Clerk’s Office)
- Affidavit of Service must be filled, signed, notarized, and returned to the Plaintiff because this serves as proof that the process was done properly
For more details you can always check with the Supreme Court in your county.
The divorce process can be tough, not only because of the legal matters at hand, but also the emotional aspect of it all. At First Class Process, we are ready to make the whole process run smoother.