Serving divorce papers initiates the formal legal process of ending a marriage in New York State. This action legally notifies the other spouse, known as the defendant, that a divorce action has been commenced against them. For example, a process server delivers the Summons and Complaint (or Summons with Notice) to the defendant, thereby officially marking the start of the legal proceedings.
The efficient and proper service of divorce papers is paramount. It ensures due process and provides the defendant with the opportunity to respond and participate in the proceedings. Historically, strict adherence to service rules has been critical to upholding fairness and the legitimacy of legal outcomes. Failure to properly serve the papers can lead to delays and even dismissal of the case.