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  1. #1
    Join Date
    Jun 2019
    Posts
    10

    Default Court Closure

    My question involves a marriage in the state of: NY

    I am now using a law firm for my divorce. Firm emailed Summons and Complaint and Affidavit of Defendant to wife and I instructed her and her parents that they would have to get it notarized at their local consulate, but she did not want to do this, saying she wanted to go for a divorce by publication, which shouldn't be used since I know where she lives (and it would take way longer and be more costly). So now I have hired a process server company who have process sever contacts in India, but one of the forms they require is a certified copy of the Summons and Complaint. They report that an attorney certification would not be accepted (would result in an affidavit of non-service) and they require it to be certified at the clerk instead. But it appears that's not doable now as the NYC court/clerk is closed due to COVID. Am keeping an eye on things and am hoping a reopening will occur soon. Anyway the ideal plan at this stage is since my wife has been aversive to signing anything lately, when she is served by the process server she will not respond and then I can divorce her by default (I may remind her and her parents of this method after I can verify she has been served).

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Court Closure

    Sorry about your marital problems. Did you have a question?

  3. #3
    Join Date
    Jun 2019
    Posts
    10

    Default Re: Court Closure

    Quote Quoting flyingron
    View Post
    Sorry about your marital problems. Did you have a question?
    Posted this here with thread "court closure" mainly in case anyone is aware of (and so can notify of) potential NY court/clerk reopening dates and/or any way to get a clerk-certified copy of the Summons and Complaint while the clerk is "under the weather". Thanks.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Court Closure

    Seems to me that you'll just have to call the courthouse every day until somebody is there who can do it for you.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Court Closure

    Quote Quoting adjusterjack
    View Post
    Seems to me that you'll just have to call the courthouse every day until somebody is there who can do it for you.
    His attorney is likely to know when the courthouse opens for business. This is something his attorney should be doing.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Court Closure

    C.M

    There may be another option.

    Check with the process server in India to see if you can mail the original, the one with the raised stamp of the court (if it has one), to the process server in India.

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