PROCESS SERVICE RULES AND LAWS SERVING DIVORCE PAPERS

divorce

N.Y. DOM. LAW § 232: NY Code – Section 232: Notice of nature of matrimonial action; proof of service

a. In an action to annul a marriage or for divorce or separation, if the complaint is not personally served with the summons, the summons shall have legibly written or printed upon the face thereof: “Action to annul a marriage,” “Action to declare the nullity of a void marriage,” “Action for a divorce,” or “Action for a separation,” as the case may be, and shall specify the nature of any ancillary relief demanded. A judgment shall not be rendered in favor of the plaintiff upon the defendant’s default in appearing or pleading unless either (1) the summons and a copy of the complaint were personally delivered to the defendant; or (2) the copy of the summons (a) personally delivered to the defendant, or (b) served on the defendant under an order directing the method of service of the summons by the provisions of section three hundred eight or three hundred fifteen of the civil practice law and rules, shall contain such notice. b. An affidavit or certificate proving service shall state affirmatively in the body thereof that the required notice was written or printed on the face of the copy of the summons delivered to the defendant and what knowledge the affiant or officer who executed the certificate had that he was the defendant named and how he acquired such knowledge. The court may require the affiant or officer who executed the affidavit or certificate to appear in court and be examined in respect thereto.

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