Do divorce papers expire if they aren’t served to the other party within a certain amount of time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do divorce papers expire if they aren’t served to the other party within a certain amount of time?
My husband filed for divorce 6 months ago and she till hasn’t served me with the papers (no idea why). I know there’s a 6 month waiting period to get a court date but shouldn’t the papers be served way before that? I’ve heard/read that 120 days is the limit and then they expire if not served. If this is true, they would have expired in March. He is also in the military but I don’t think that makes a difference with this issue.
Asked on May 2, 2012 under Family Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the local rules of each county in the state where an action is filed there are certain requirements for service of the summons and complaint to assist the local court to manage its case load. Depending upon the county where you reside there may be a local rule in place to serve the summons and complaint by a certain time and if not served, then the court can dismiss the action.
Typically most states have requirements per statute to dismiss a complaint if not served within two years after filing in its discretion and within three years the dismissal is mandatory if not served.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.