Does the spouse have to physically accept the papers?

Under CPLR 308, if the server delivers the summons and the defendant refuses to take it, the server may leave it in the defendant's presence. Refusal does not defeat service. The affidavit will note the refusal.

What if my spouse has moved out and I do not know the current address?

Our skip trace service can locate a current residential address using licensed databases. We can then route directly to service. Request a quote to bundle skip trace and service.

Can the serving agent be a friend or family member?

Under CPLR 308, any person 18 years of age or older who is not a party to the action can serve process. However, using an unaffiliated professional server with a notarized affidavit is the cleanest and most defensible approach.

Process Serving

Divorce Document Service of Process in New York

New York divorce proceedings begin with service of a summons with notice or a summons and verified complaint on the defendant spouse. Proper service is a jurisdictional requirement — without it, the court cannot proceed. We handle divorce service with the professionalism and discretion the situation demands.

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What we do

How we handle divorce documents

We serve the divorce summons, complaint, and any accompanying affidavits on the defendant spouse at a residential or employment address. Our matrimonial service tier includes detailed documentation and up to three attempts. Every service returns a notarized affidavit formatted for Supreme Court filing.

Timeline

Standard matrimonial service is completed within a week. If a defendant is expected to be difficult to locate, a skip trace can be bundled with service.

Pricing

Matrimonial, Family Court, and Order to Show Cause service is $219 and includes detailed documentation and up to three attempts. Standard residential tiers may also apply to straightforward divorce summons service.

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FAQ

Questions about serving divorce documents

Does the spouse have to physically accept the papers?: Under CPLR 308, if the server delivers the summons and the defendant refuses to take it, the server may leave it in the defendant's presence. Refusal does not defeat service. The affidavit will note the refusal.
What if my spouse has moved out and I do not know the current address?: Our skip trace service can locate a current residential address using licensed databases. We can then route directly to service. Request a quote to bundle skip trace and service.
Can the serving agent be a friend or family member?: Under CPLR 308, any person 18 years of age or older who is not a party to the action can serve process. However, using an unaffiliated professional server with a notarized affidavit is the cleanest and most defensible approach.

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