You may be starting your divorce proceedings with a Summons and Complaint or you may be serving an Order to Show Cause and your spouse is refusing service. Service in New York of a Summons and Complaint or an Order to Show Cause must be by personal service. Your attorney will use a process server who will find your spouse at their residence or their work and personally serve the documents upon them.
There are certain instances where a spouse will not answer the door and will purposefully dodge service. This is a problem because the documents need to be personally served. Luckily there is a procedure that can help with this issue. Your attorney will have to draft an Order for Alternative Service to the court so the judge can determine an alternative way to serve your spouse. That may be by posting the document on their door and mailing it to them or by publication in a newspaper.
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