Divorce can be messy, and filing for one is the first step in this long and tiring legal battle. To initiate court proceedings, the plaintiff must request a third party to serve their spouse with a notice.
While service is inevitable, it's crucial for both parties to remain calm and not panic, as the sooner this process starts, the quicker the affected individuals can move on with their lives.
Serving divorce papers can be daunting, which is why both parties need to work with a skilled and respectful divorce attorney.
The lawyers at Divorce & Family Legal have worked with many distressed clients who wanted to end their marriage due to infidelity, incompatibility, or cruel and inhumane treatment. Whatever the reason for the divorce may be, they have the expertise and resources to ensure a favorable outcome.
Those who need help with divorce should contact Divorce & Family Legal for compassionate and experienced legal representation in Albany, New York, to initiate the legal process and when needing to know how long can you avoid being served divorce papers in NY.

Understanding Divorce Cases in New York
Before going over the legal documents required to serve, New Yorkers need to understand the divorce process in New York and the essential terminologies. Our team can also give advise on what happens if spouse refuses to be served divorce papers in NY.
In a divorce, there are two parties involved: a plaintiff and a defendant. The former refers to someone who files for divorce, while the latter is an individual who either contests or accepts what the plaintiff alleges in their petition.
There are two types of divorces in the United States, and these are as follows:
Fault-based divorce: In this type of divorce, the plaintiff must prove that the defendant is at fault for the irreconcilable differences. This may arise from adultery, cruel treatment, or other grounds.
No-fault divorce: Some states follow the no-fault divorce rule, which makes the entire legal proceeding pretty straightforward. In this type of divorce, the plaintiff doesn't need to prove fault. However, they must show that their marriage broke down in the past six months.
New York is a no-fault divorce state. Many victims are upset over this 2010 law, as they want to hold their spouses accountable by proving that they made them feel vulnerable or miserable.
However, it's essential to understand that even if the plaintiff proves that the defendant was at fault, the outcome of the divorce case doesn't affect child custody, child support, post-divorce spousal support, or property distribution.
What Are Divorce Papers and What Does It Mean to Serve Them?
Also referred to as Summons and Complaint, divorce papers are documents that the plaintiffs file to initiate the legal process of ending a marriage.
Typically, process servers are the ones who serve this type of paperwork, which may include the grounds for the divorce, any relief the plaintiff might be seeking, and the deadline for the defendant to respond.
Serving the divorce papers doesn't mean that the divorce is final. Instead, it is the first step plaintiffs take to initiate the legal process.
For the defendant, being served the divorce papers is an official notice to respond to the allegations made by their spouse.
Types of Divorces in New York
There are two types of divorces in New York, and each comes with its own set of requirements. These include the following:
Uncontested Divorce
When both spouses agree on the divorce terms, it's said to be uncontested. This means that the plaintiff and defendant have decided on the major aspects of this legal process, including details of child support, visitation, and asset distribution, among other things.
An uncontested divorce is much easier to tackle than a contested one. That said, it is still crucial for the plaintiff to work with an experienced divorce lawyer to look out for their best interests, especially if the defendant has already hired a divorce attorney in Albany NY for legal representation.
Contested Divorce
Not all marriages end smoothly, as some divorces may result in a backlash. If a defendant doesn't agree to the terms of the divorce, they may contest the legal process after being served. This involves responding to the divorce petition, filing a Request for Judicial Intervention (RJI) within 45 days, and attending the preliminary conference.
In New York, defendants must pay $95 to file an RJI. Once they've initiated the legal process, they must attend a conference where both parties exchange papers and relevant information, including financial statements and details of personal assets.
How to File Divorce Papers in New York
Before an individual can file divorce papers, they must meet certain residency requirements and determine the grounds for divorce. In New York, a plaintiff must've spent at least two years living together with their spouse before commencing divorce proceedings.
Besides residency requirements, the plaintiff must also explain the grounds for divorce in the papers. Reasons for the split may include desertion, incarceration, and infidelity, among many others.
If the individual meets the eligibility requirements, they can file divorce papers by following the steps below:
Submit the court papers at the County Clerk's Office or the Supreme Court Clerk's Office and pay the $210 filing fees to initiate legal proceedings. If the plaintiff doesn't have the financial resources, they can ask the court for a waiver.
The plaintiff must bring two copies of the divorce papers for the County Clerk's Office to stamp and date. One copy remains with the applicant for their records, and the other they must serve their spouse.
In some cases, a notary may be required, which is why the plaintiff must ask the clerk if they need to sign the Affidavit of Service.
How to Serve Divorce Papers in NY
To protect the defendant's rights, serving divorce papers to their partners is crucial for the plaintiffs. It lets them know that their spouse has initiated a legal proceeding against their marriage, giving them enough time (20 calendar days) to respond.
The plaintiff, who is part of the divorce process, cannot serve the notice. They must work with a third-party server who is over the age of 18.
Here are the steps involved in serving divorce papers in New York:
The defendant must hand over a signed and stamped copy of the divorce papers as well as a blank Affidavit of Service to the process server.
The server needs to give the documents to the defendant. They can do this on any day except Sundays.
As proof of serving the defendant, the server must fill out the blank Affidavit of Service.
If there is a need for a notary, the server must take the filled Affidavit of Service and have it notarized.
The server should hand over the filled Affidavit of Service to the plaintiff, who must make a copy of it while filing the original with the County Clerk's Office.
The plaintiff must have a copy of the Affidavit of Service stamped and signed by the County Clerk.
It's essential to have the server serve papers in person to the other party instead of mailing the documents. They don't need to answer any questions or wait for a response.
Another important point plaintiffs must remember is that the server must be a New York resident if the defendant lives in New York State.
However, if they're outside New York jurisdiction, the server must be an eligible individual who can serve divorce papers while following the laws of the state the defendant is living in.
What Happens After Serving Divorce Papers to the Defendants in New York?
Once the plaintiff serves the divorce papers, the defendant can respond in three ways, which are as follows:
The defendant can respond to the notice by filing an answer with the Supreme Court or County Clerk's Office. During this stage, the defendant has the opportunity to turn an uncontested divorce into a contested one if there are disputes over the terms and conditions of this legal process.
If the defendant agrees with the terms of the divorce, they can sign the Affidavit of the Defendant and proceed to calendaring.
The defendant doesn't respond to the notice, prompting the divorce action to move to calendaring.
In case the defendant signs the Affidavit of the Defendant or decides not to respond to the notice, the plaintiff can file the paperwork with the County Clerk or Supreme Court's Office to complete the legal process. The judge will go over the documents and sign the judgment.
After the court's decision, the plaintiff must serve a copy of the signed judgment to the defendant to inform them that the divorce has been finalized. They must also file the documents with the County Clerk's Office.

Why Is It Important for Plaintiffs to Hire a New York Divorce Attorney?
Whether it's an uncontested divorce or a contested one, it's important for people who are looking to file paperwork to initiate these proceedings to work with a skilled divorce attorney. A compassionate legal representation can help plaintiffs in many ways, including the following:
Navigating the divorce process can be daunting. An experienced attorney can help guide the plaintiff on their rights and the steps to take to initiate the legal proceedings.
Incomplete divorce documents could prolong the legal process. A skilled lawyer can work with the plaintiff to complete all documentation before filing it with the relevant court.
Sometimes, a divorce can get messy. In such situations, an attorney can look out for the best interests of the plaintiff when it comes to deciding child custody, child support, and asset distribution, among other things.
Besides plaintiffs, defendants can also hire divorce attorneys to represent and guide them accordingly. They may disagree with the terms of this legal process, which is why a lawyer can help negotiate a favorable outcome.
A Reputable Albany Divorce Lawyer Can Take the Stress Out of Divorce Proceedings!
Divorce & Family Legal and their reputable attorneys can help New Yorkers navigate the intricacies of divorce proceedings, whether it is a contested or an uncontested divorce. Those looking for guidance should call them to schedule a free consultation today!