Q: I want to desperately divorce my wife. She doesn’t want a divorce. We’ve gotten physical and she has a full Order of Protection. NO contact, stay 250′ away, no email, phone, etc. I’m confused!. According to Attys Brosnan and Rothstein, it appears that having her served with divorce papers would subject me to arrest. Brosnan even told me to get an atty to serve her.
A: David’s Answer: Under these circumstances, I would only recommend using a licensed process server or Sheriff to serve her with the papers. I’d agree it may be problematic if you arrange for a friend or relative to serve her the papers. That said, attorneys usually do not effect serve. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment.