In filing legal action in Buffalo, the person filing the papers (the plaintiff) may not serve them to the person being sued (the defendant).
There are a number of good reasons for this rule, but the most important has to do with the nature of our legal system.
Every American has the right of due process when there are legal actions pending against them, so being notified in full of the complaint is protected under the constitution.
When one party takes action against another, they are considered motivated actors in denying the defendant access to the court.
After all, if your spouse never responds, they will be in default and the divorce can proceed without them.
Because of this conflict of interest, you’ll be required to rely on another person to serve your spouse, and that person will then provide an affidavit to the court where they swear that the papers were properly delivered to the correct recipient.
This is usually handled by professional process servers, though any adult over the age of 18 can serve the papers.
At Friedman & Ranzenhofer, we can help you properly notify your spouse and move your divorce forward with minimum hassle.
Call us today at 716-542-5444 for a legal consultation.