Does my spouse need to be served with divorce papers?

In New York, the answer to your question is yes. In order to start the divorce process, your spouse must be served with divorce papers, also known as a summons. This document notifies your spouse that you have filed for divorce and sets deadlines for him or her to respond. If you file for divorce first, it is likely that you will be the plaintiff and your spouse will be the defendant. However, if your spouse files for divorce before you, they will be the plaintiff and you will be the defendant. Once you have prepared the divorce papers, you will need to serve them to your spouse in one of three ways: by personal service, by mail, or by publication. Personal service requires an authorized third party to deliver the papers to your spouse directly, while service by mail occurs when the papers are mailed to your spouse’s last known address. Service by publication is the last option and involves publishing a notice in a local newspaper. Regardless of the method you use to serve your spouse, you will need to provide proof of service to the court. A receipt of service will be provided if service is done in person, while a green card or affidavit of service will be needed if service is done by mail or publication. After successfully serving your spouse with divorce papers, he or she will then need to respond within 20-30 days.

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Does my spouse need to be served with divorce papers?

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