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HOW TO SERVE DIVORCE PAPERS BY Mail IN NEW YORK. Mail service is an alternative to service by personal delivery. Like personal delivery, mail service will also require an acknowledgment form that needs to be dated and signed. An additional step herein, however, is the requirement to return the paper.

In the divorce summons you have to cite (describe) the parties involved in the divorce proceedings, being yourself (the Plaintiff) and your spouse (the Defendant). The first clause in the divorce summons will contain your particulars and the second clause will contain the particulars of the Defendant.

The papers will be issued by the court then posted directly to your spouse at the address for service provided. It then takes the court about 2 3 weeks to issue and serve the petition on your spouse.

A court will grant a divorce by default if summons have been served on the spouse and he or she does not respond within the allotted time period, the plaintiff can approach the court to have the matter set down for trial.

Serving the divorce papers The court, or we, will send the petition out to ('serves') the respondent together with a form for them to fill in, called the acknowledgement of service. In this form the respondent has to say whether or not they intend to defend the divorce. The form has to be returned to the court.

New York law requires a plaintiff to file a summons, along with either the complaint or a notice that describes the nature of the complaint. If a plaintiff chooses the latter, known as summons with notice, they must file the actual complaint at a later time.

After you file for divorce, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the Defendant). This is called "service of process." The Court does not serve the papers for you. It is up to YOU to make sure your spouse gets served.