Do divorce papers expire if they aren’t served to the other party within a certain amount of time?

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Do divorce papers expire if they aren’t served to the other party within a certain amount of time?

My husband filed for divorce 6 months ago and she till hasn’t served me with the papers (no idea why). I know there’s a 6 month waiting period to get a court date but shouldn’t the papers be served way before that? I’ve heard/read that 120 days is the limit and then they expire if not served. If this is true, they would have expired in March. He is also in the military but I don’t think that makes a difference with this issue.

Asked on May 2, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the local rules of each county in the state where an action is filed there are certain requirements for service of the summons and complaint to assist the local court to manage its case load. Depending upon the county where you reside there may be a local rule in place to serve the summons and complaint by a certain time and if not served, then the court can dismiss the action.

Typically most states have requirements per statute to dismiss a complaint if not served within two years after filing in its discretion and within three years the dismissal is mandatory if not served.


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