The process of divorce in New York can be complex, especially when one spouse attempts to evade the service of divorce papers.
While it may be possible to delay the process for a few months, ultimately, the non-filing individual will need to be served to initiate the divorce proceedings.
However, the question of how long someone can avoid being served divorce papers still arises in these cases. Below is more information about this situation. Our team can also advise on how to serve divorce papers in NY.

What Does Being Served Mean?
Under the United States Constitution, being served means that someone receives legal notices of an action against them.
For a person to be properly served, the filing party must meet the due process and statutory requirements outlined by the Fourteenth Amendment to the United States Constitution.
Understanding the Service of Process
When one spouse files for divorce in New York, they must officially notify the other spouse of the proceedings, which is achieved through a legal process known as "service of process." This involves delivering legal documents, such as a summons and complaint, to the other spouse under the conditions mentioned above.
The nature of a divorce can significantly impact the ease of service. A contested divorce, involving disagreement between spouses, can make serving divorce papers challenging, for example, as one spouse may actively avoid service to delay the process or gain an advantage.
In contrast, an uncontested divorce, with mutual agreement, is generally less contentious, as alternative service methods might be available.
Methods of Service
There are several methods of service recognized in New York. These are:
Personal service: This is the most common method. A process server who meets certain requirements, such as being of a suitable age, delivers the divorce papers directly to the individual. This person must hand-deliver the papers and obtain a signature as proof of service.
Substituted service: If personal service is unsuccessful after multiple attempts, substituted service may be considered. A person of suitable age and discretion should deliver the papers to the individual's residence or workplace. The server must also mail a copy of the documents to the individual's last known address.
Service by publication: In rare cases where the individual's whereabouts are unknown, service by publication may be an available option. If allowed, a notice about the divorce proceedings must be published in a local newspaper. However, this method is typically used as a last resort and often requires additional steps to ensure due process.
The Implications of Avoiding Service
While it may be tempting to avoid being served, this may come with legal consequences. Below are the most common ones:
Delay in proceedings: Avoiding service can significantly delay the divorce process. The court cannot proceed with the case until the non-filing individual has been properly served.
Default judgment: If the individual fails to respond to the divorce papers within a specific timeframe, the court may grant a default judgment in favor of the filing spouse. This means the court will make decisions about the divorce without the input of the person who avoided service, which can lead to unfavorable outcomes.
Impact on property division and spousal support: Delaying the process can impact the division of marital property and spousal support, too. In this case, the court may make decisions based on incomplete information or may impose penalties on the individual who avoided service.
Child custody issues: If children are involved, avoiding service can complicate custody arrangements. The court may make decisions about custody and visitation without the agreement of the individual who avoided service.
Emotional distress: Avoiding service can cause significant emotional distress for both parties involved in the divorce. The uncertainty and anxiety associated with the process can exacerbate feelings of anger, resentment, and fear.
Legal Strategies to Avoid Service
It's generally not advisable to avoid service. However, there are some legal strategies that non-filing individuals may consider for this purpose, such as:
Hiring an attorney: Consulting with an attorney can help individuals understand their rights and options. A lawyer can advise on legal strategies to protect their interests, including negotiating with the other spouse or filing a motion to quash service if it was improper.
Challenging the service: If the individual believes the service wasn't proper, they can file a motion to quash service, arguing that the action didn't comply with legal requirements and should be deemed invalid.
Negotiating a settlement: In some cases, individuals may be able to reach a settlement agreement with their spouse outside of court. This can help avoid the stress and expense of a lengthy legal battle.

The Importance of Due Process
The legal system is designed to protect the rights of all parties involved in a divorce. Due process ensures that both filing and non-filing individuals have a fair opportunity to present their cases and defend their interests. For more information, divorce lawyers in Albany NY may be able to help.
Avoiding service can undermine this principle and lead to negative consequences for both parties. A default judgment may be granted, for example. Additionally, it can complicate the process, increase legal fees, and cause unnecessary stress, especially for children.
Ultimately, while it may be tempting to delay the inevitable, it's best to address the divorce matter promptly and work towards a fair resolution, even if one spouse disagrees with the action or discussed terms.
Final Thoughts
While avoiding service may temporarily delay the divorce process, it's crucial to address the matter promptly and seek legal counsel from a seasoned professional, as this action may come with consequences that can impact both parties and result in even more drastic outcomes for the non-filing person.
An experienced divorce attorney can provide guidance and help individuals assess their cases to find a suitable, beneficial legal option. That's why it's important to have a lawyer by one's side. They can advise on how long after being served divorce papers do you have to respond in NY as well.
Contact Divorce & Family Legal Today!
For those in the Albany, New York area, seeking reliable legal representation in divorce and family law matters, Divorce & Family Legal offers experienced attorneys who can provide personalized support and guide individuals through this tough process.
If you need legal counsel, a qualified divorce attorney from our firm can help you understand the complexities of the legal system, protect your rights, and achieve a fair resolution.