Washington State Forms 17 For Divorce In New York
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FAQ
Someone age 18 or older besides you must hand deliver the papers to the other party, or to someone old enough living at their home. The person who delivers the papers is your "server." You do not need court permission for personal service.
The parties involved cannot formally serve divorce papers because they clearly have an interest in the outcome of the litigation, and hence are not to be trusted with a procedural pre-requisite such as service. Also, in a lot of states, only law enforcement or licensed process servers can serve documents.
If your spouse does not respond, it will not stall the divorce process, and it might actually help your divorce move through the legal system quickly. At that point, a motion for an Order of Default can be filed, allowing you to complete the divorce without your spouse.
Service of summons and process, except when service is by publication, shall be by the sheriff of the county wherein the service is made, or by the sheriff's deputy, or by any person over 18 years of age who is competent to be a witness in the action, other than a party.
Can I serve divorce papers myself? No. Only a non-party to the case who is over the age of 18 can serve divorce papers under Washington law.
Because these issues have been settled, there is no need to litigate them in court. As a result, typically the judge will simply sign off on the terms and issue a final decree of divorce.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
New York's equitable distribution law specifies that you are entitled to a division of all “marital property” assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses' income, purchases made with that income, and retirement benefits.
The other way to get divorced quickly is if the parties swiftly reach agreement on all the terms. If you and your spouse just want reach agreement and enter an “uncontested divorce”, instead see our articles on negotiating pre-filing settlements and entering agreed orders.
