New York · Serving papers · Updated Oct 2026

Serving divorce papers in New York

Service of divorce papers in New York, from official sources: who can deliver the papers, the deadline to respond, what happens without a response and the law.

The short answer

Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method. Time to respond: 20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))

Law
N.Y. Dom. Rel. Law 232, 255; CPLR 320

How papers are served in New York

  • Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method.
  • Your spouse can instead sign an affidavit agreeing to the divorce.
  • You must also give the notice about health insurance coverage.

Law: N.Y. Dom. Rel. Law 232, 255; CPLR 320

Deadline to respond and default

20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in New York, step by step

  1. File your papers first

    File with the Supreme Court (in New York, the Supreme Court is the trial court) in a county where either spouse lives. Service comes after filing.

  2. Serve the papers

    Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method.

  3. File proof of service

    File the proof of service with the court.

  4. Watch the deadline

    20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))

  5. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in New York

How do you serve divorce papers in New York?

Your spouse must be personally handed the Summons (with the notice 'Action for a divorce') by someone 18 or older who is not you, unless a judge orders another method. Your spouse can instead sign an affidavit agreeing to the divorce. You must also give the notice about health insurance coverage.

How long does my spouse have to respond in New York?

20 days after personal service in New York; 30 days if served another way or outside New York (CPLR 320(a))

More about divorce in New York

Serving papers in nearby states

Sources

Last checked: Oct 24, 2026.