Served divorce papers

V

Vapice820

New Member
Jurisdiction
New York
I recently went in my husbands car and found papers from the County I reside in saying that my husband is filing for divorce. They are legal documents. On the third page is a picture of myself and a further description, i.e. Height and weight and hair color. My husband told me that I accepted the documents from the person serving them. I never was served with papers!!! I don't know what game if any he and his lawyers are playing. it was dated March 17, 2017. It is now almost June. I know I have a certain time frame to file them but if I never received them how would I have known. I keep reading that it goes into default if I don't answer within that time frame. I'm so baffled and have to get a lawyer but I was just curious about what happens in a case like this. Thank you for any advice.
 
Hire a lawyer to assist you.
If he's broke, agree to the divorce and get free of this crook.
If he's got loot, visit a lawyer and the lawyer will represent you using some of his loot and he or she will see to it you'll get some of his loot.

On the other hand, he might be arranging a hit.
The one time I've seen the picture ruse was a guy who arranged a hit on his soon to be snuffed out wife.

He thought that would be easier and cheaper than child support and giving her some of his loot.

Watch your back, lady.
 
Vapice820 said:
I know I have a certain time frame to file them but if I never received them how would I have known. I keep reading that it goes into default if I don't answer within that time frame. I'm so baffled
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No, that's not proper process service and your husband can't serve the papers because he's a party to the case.

Read the NY process service rules at:

New York Rules of Civil Procedure - Search-For-Servers.com

However, if there is a court name and case number on those papers I suggest you visit the courthouse and review the file. Look for an Affidavit of Service to make sure one hasn't been faked.
 
adjusterjack said:
No, that's not proper process service and your husband can't serve the papers because he's a party to the case.
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That's not what she said - apparently she spoke to the husband after discovering the documents and the husband told her that someone served her (not him).
 
Regardless, she chains she wasn't served.
The suggesting to check with the court and learn if a proof of service is on file is sound advice.
It's also a great time to obtain legal help, and that help can check on these things even faster and easier.
 
Highwayman said:
That's not what she said - apparently she spoke to the husband after discovering the documents and the husband told her that someone served her (not him).
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Not the way I read it, but OK. Still not proper service and we don't know if the husband just left the papers in the car for her to find.
 
adjusterjack said:
Not the way I read it, but OK. Still not proper service and we don't know if the husband just left the papers in the car for her to find.
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I honestly believe that is what he did. I'm asking for advice for a friend not myself. She was beside herself when she found them. She has since hired a lawyer. She's dealing with a very vindictive angry man. Their kids are 29 and 23 so no child support. He's good st mind games. Thanks for the advice.
 
adjusterjack said:
No, that's not proper process service and your husband can't serve the papers because he's a party to the case.

Read the NY process service rules at:

New York Rules of Civil Procedure - Search-For-Servers.com

However, if there is a court name and case number on those papers I suggest you visit the courthouse and review the file. Look for an Affidavit of Service to make sure one hasn't been faked.
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The papers were supposedly served by this woman whose name is on the papers. I'm on this forum looking for answers for a friend. She just can't believe they can take this woman's word that she was served when she wasn't.
 
Vapice820 said:
The papers were supposedly served by this woman whose name is on the papers. I'm on this forum looking for answers for a friend. She just can't believe they can take this woman's word that she was served when she wasn't.
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She has a lawyer now.
So, she has nothing to worry about, her lawyer will try and clean up the mess.

I can tell you after practicing law for almost 40 years, people who serve papers LIE everyday, several times each day.

This happens in many civil cases, not just divorce cases.

In fact, I'd say its rarer in divorces, but it happens.

Your friend appears victimized by such shenanigans.
 

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