New York, NY asked in Divorce for New York

Q: The judgement for my uncontested divorce was served on my ex-spouse by certified mail but it’s now being returned.

She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt to mail it, or is the “return to sender” notice, along with the “affidavit of service” enough?

*To clarify, my ex-spouse recently moved out of state. When the judgement was signed, she was still in NY. During the time it was being filed with the clerk, my ex moved away.

Thanks so much for your help!

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2 Lawyer Answers
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: We really don't know. A defendant's address is a crucial component of any divorce. If the address is incorrect, the defendant can return to court to move to vacate the judgment for non-service of the pleadings. If mail is being "returned" now, the asker better see a lawyer with his file to see if the case is valid ab initio.

David Ivan Bliven
David Ivan Bliven
Answered
  • White Plains, NY
  • Licensed in New York

A: Unless the Judge ordered otherwise, you're obligated to mail her a copy of the final Judgment along with notice of entry. There's otherwise no obligation to send it certified mail - same is advisable (but not otherwise required) if the other side has defaulted. Schedule a consult with a NYC Divorce Attorney for more info.

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