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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12367
Experience:  Attorney experienced in all aspects of family law
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My wife has filed for divorce in March 2011. She and my in-laws

Customer Question

My wife has filed for divorce in March 2011. She and my in-laws are very manipulative and money-minded and they have planned to treat me like a money making source utilizing the conditional nature of Greencard which i got through this marriage. So i left US in Nov 2011. I'm back in US now and she did not know about that. Last week she arranged a lawyer overseas and served the papers at my home to my parents. Is it a valid form of service? If so, how long i have time to give a response from my side? and What is the procedure which i should follow?
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Personal service on an adult member of the defendant's household is a valid form of service.

For a New York state divorce, unless service is completed in person within the state of New York, the defendant must serve a notice of appearance within 30 days after service of the summons.

The appropriate procedure for responding to a divorce petition varies from case to case, but it always involves filing a notice of appearance. All of the basic forms and some simple instructions to guide you through whatever stage you may be in the process can be found through this website.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
Is there any way that i can know that she has approached county clerk office and told them the service is complete?
Expert:  Brandon M. replied 5 years ago.
Maybe. There should be a "proof of service" on file that is part of the court's record that attests to when, how, by whom, and to whom the documents were served; hypothetically, it should be filed within 5 days after service is complete, but it functionally wouldn't have to be on file unless the plaintiff was ready to file for default.
Customer: replied 5 years ago.
Does that mean that i should hire a lawyer as soon as possible? I've already hired an immigration lawyer and pursuing an emotional abuse waiver case, If my wife knows i'm back in the country, she will make dramas and try to get restraining order or call immigration and give false reports. How can i avoid it? will the divorce lawyer protect my identity and run this divorce case as if i'm not physically present in the country and protect my identity against my spouse?
Expert:  Brandon M. replied 5 years ago.
I would recommend at least consulting with a family law attorney to guide you through the early parts of the process and to help you with the initial paper work.

You asked how you can avoid your wife making drama, trying to get a restraining order, or calling immigration and giving false reports. The answer is that you can't. You can't control crazy, and that's why it's crazy. Don't worry about what you can't control.

A family law attorney can protect your rights regardless of your physical location.

I hope that this helps.

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