Serving the Divorce Papers:

After you have filed your summons, you need to arrange for service of process of the summons (or, if you have also filed a complaint, the summons and complaint) on your spouse. If your case is uncontested, your spouse may be willing to sign an affidavit of defendant in which he or she acknowledges receiving the summons. Otherwise, you need to arrange for personal delivery of the papers by a New York resident over the age of 18 years. The papers may not be delivered (served) on a Sunday.

The person who serves the papers will need to sign and acknowledge an Affidavit of Service, in which he or sets forth their name; the location at which the גירושין papers were served; the date and time of service; and a physical description of your spouse. If the person who serves the papers is not personally familiar with your spouse, they should use a photograph to ensure that the correct person is served. The photograph should then be attached to the affidavit of service form.

Marital Settlement Agreement:

Once service of process has been completed, many couples face the reality that a contested divorce proceeding is overwhelmingly stressful and expensive. For this reason, they try to negotiate an amicable resolution of ancillary financial issues, such as equitable distribution, maintenance, child support, and custody.

If they have not already done so, many matrimonial litigants retain a New York divorce lawyer to help them navigate the complexities of New York matrimonial law. If they do not have the resources to retain a divorce attorney, middle-income litigants sometimes turn גירושין to document preparation sites, which provide step-by-step instructions for completing matrimonial agreements and uncontested divorce forms.

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