LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

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Question #123

 I cannot find anywhere on the internet if it is legal or not to be served with divorce papers while you are pregnant. My husband is in the Air Force and is deployed just outside Iraq. He wants a divorce. I am pregnant and due only one week shy of his return date to Germany where we were both living. Just before he left for deployment, I moved back home to Upstate, NY. We agreed beforehand (knowing I was pregnant) that the marriage has long been over (we have only been married 11 months). He put a hold on the orders to send my personal items/belongings/furniture back to me iN.Y.NY until he gets back to Germany from deployment in November. I have a baby on the way, and cannot get an apartment with no furniture. I should probably inform you as well that he is scamming the government by collecting dependent pay (money he gets to support his dependent, which would be me), and he has not sent me a penny since March 15. It is now May 22. I’m sleeping on my mother’s couch while looking for a job and an apartment, but as I stated before, I cannot get an apartment without furniture because I have a baby on the way. He wants a divorce, and I had a message today on my ing machine that someone was trying to get ahold of me to serve me divorce papers. As I said, I am pregnant. I know in some states, it is illegal to serve a pregnant woman with divorce papers. Is this true iN.Y.NY? I’ve tried contacting the Legal Assistance office at Fort Drum to get s, but no one will talk to me. Please help. Thank you.

I am not aware of any such statute, and to the best of my knowledge, there is no such restriction in NYS.

Your spouse will need grounds to get a divorce iN.Y.NY, and you can contest the grounds if you do not want the divorce.

You both should seriously consider mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solutions

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