Serving the Defendant in an Uncontested Divorce

After an index number has been purchased and the "Summons With Notice" or the "Summons and Complaint" have been filed with the County Clerk's Office, the Defendant (the other spouse) must be told of the case.

If you don't know where your spouse is, ask the Supreme Court Clerk's Office for information about alternative service before purchasing an index number.

Get the following papers together to give to the Defendant:

• photocopy of the Summon With Notice or Summons and Complaint
• photocopy of the Notice of Automatic Orders
• photocopy of the Notice Concerning Continuation of Health Care Coverage
• photocopy of the Notice of Guideline Maintenance
• photocopy of the Sworn Statement of Removal of Barriers to Remarriage, if you were married in a religious ceremony
• photocopy of the Child Support Standards Chart, if you have minor children with your spouse
• Affidavit of Defendant

Make sure that the index number is written or typed on the top of each document.

 

How to Deliver the Papers

The Plaintiff (the person who started the divorce case) has two options for giving the papers to the Defendant:

1. If the Defendant will not "contest" (argue) any part of the divorce case and will return the "Affidavit of Defendant" signed and notarized, then the Plaintiff can give the papers to the Defendant; or
2. If you're not sure whether the Defendant will "contest" (argue) or will return the "Affidavit of Defendant" to you, the papers must be personally "served" on the Defendant. There are rules that must be followed when giving the papers to the Defendant.

How to Serve the Defendant
The papers must be personally handed to the Defendant. The Plaintiff cannot be the person that gives the papers to the Defendant, if it is unclear whether the Defendant will "contest" (argue) any part of the case or return the Affidavit of Defendant. Someone else must do this for the Plaintiff.

• The papers must be served within 120 days from the date the papers were filed with the County Clerk's Office.
• The person who is serving the papers must be 18 years old or older.
• If the papers are being served somewhere in New York State, the person who is serving the papers must be a New York State resident.
• If the papers are being served outside of New York State, the person can be a New York State resident or be able to serve papers according to the law of that state, or foreign country.

The person who serves the papers on the Defendant must fill out the "Affidavit of Service" and return it to the Plaintiff signed and notarized. This is proof that the papers were delivered to the Defendant properly.

 

Next Step

The Defendant is given a chance to respond to the papers that were given.

Learn about the Defendant's Response and what it means.

** This is a general information and may not apply to the county where you're filing your uncontested divorce case. Contact the Supreme Court in your county for more information.