New York State:
February - wife files for divorce in county she lives in, doesn't have husband served.
May - husband files for divorce in county HE lives in, has wife served.
May - wife writes letter informing husband SHE filed first
June - HER papers arrive in mail proving she DID file in Feb.
3 days later, she moves to a third county but won't give husband address.
What are his options to getting this over with?
(It is possible she had the court's permission to serve him via registered mail - we are assuming it was a legal service)
should he mail his defendant affidavit directly to the original court? does he have to cancel his own proceedings? Court clerks seem to feel this is a personal, not procedural, question and won't give "advice". I just want to know the LEGAL OPTIONS, not "which is best".
Thank you
Answer
No, he should not mail his affidavit anywhere.
His appropriate response depends on what it was with which he was served. An affidavit is neer the correct answer.
He should consult a local divorce attorney and bring the papers in for review.
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