Do I Need to Serve My Spouse in Our New York Uncontested Divorce?

If you are getting an uncontested divorce, usually your spouse will voluntarily sign the divorce documents.  By it’s very nature, an uncontested divorce is usually agreed upon by both you and your soon-to-be ex.

Occasionally, a situation arises where your spouse refuses to sign the documents quickly or just flat out refuses to sign.  This may happen if he or she for some reason has a change of heart.  Don’t worry, you still may be able to get an NY uncontested divorce.  You can have your soon-to-be ex-spouse officially served with the divorce papers.

Yes, having him or her served is an added expense.  Although, its truly a nominal amount (often $100 or less) to shell out to accomplish some very important divorce tactics.  Here are the reasons for and against having your spouse served by a process server.

Reasons For Having Your Spouse Served:

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  • You will have an affidavit from the process server proving that you served your spouse, therefore he or she cannot claim that they were never given notice (i.e. made aware) of the divorce proceeding.
  • If your spouse doesn’t reply to the Summons with Notice that is served upon him or her, then after 20 days you can proceed with the divorce.
  • Your spouse can’t delay 120 days after you file for divorce and pay $210 for your index number to start the divorce process in a New York court.  If your spouse delays in signing the divorce papers or evades service (which is unlikely if you hire a professional process server) for 120 days, then your index number will have expired and you will have to purchase another index number for an additional $210.[/icon_list]

Reasons Against Having Your Spouse Served:

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  • It’s going to be a small additional expense…[/icon_list]

You decide

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2 replies
  1. Taylor Bishop
    Taylor Bishop says:

    Thanks for helping me understand more about when it’s appropriate to get a process server. I actually didn’t know that it could be needed if a spouse doesn’t reply to a Summons with Notice, so that the divorce can proceed after 20 days. Definitely interested to learn more about these process services, and maybe even how this could potentially affect any children that are involved.

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