Whitwell, TN asked in Divorce and Family Law for New York

Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide identification.

Marco Caviglia
Marco Caviglia
Answered
  • Lagrangeville, NY
  • Licensed in New York

A: I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise personal jurisdiction over you (i.e. has power over your person) even though you are not a resident or domiciliary of New York only if New York was where you lived before separating or that you abandoned your husband in this state, or there is some matrimonial agreement in place upon which the divorce is based was executed in New York. Mailing such documents would be useless. On the other hand, if the divorce was granted by a Judgment & Order, then your husband perhaps is not being truthful.

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