My ex was supposed to be served Saturday, and have me notified by the process server, but I never heard if he was served. Can a process server serve on Sunday or Presidents Day?

Served with process for what? And what state? The rules on service will depend on what state you are in. normally there is no prohibition against service on a Sunday or a holiday. If you are in the U.S. Presidents' Day hasn't happened yet this year, so are you asking in terms of last year? Or do you mean MLK Day, which I believe is tomorrow?

If he was served, the process server should have submitted proof of service to the court &/or the plaintiff's attorney. And whoever hired the process server would have received a bill along with a copy of the POS.

In NY, no, not on Sunday. Legal holidays, yes.

This is, however, immaterial - as "AK" said, proof of service would be filed with the Court. I don't notify a party when papers are served. I notify the Attorney and he/she notifies the client. (I don't get paid enough to get into long conversations with clients who "usually" have a thousand questions.) This is not an unusual practice in my area of NY.

Here in GA any day they want. But your notification can take many days, it is recorded at court and then you would be notified.

I suspect that the OP is expecting service this weekend. If so, obviously, nothing will be filed with the court until Tuesday.

I suspect that the OP is expecting service this weekend. If so, obviously, nothing will be filed with the court until Tuesday.


Agreed - but Presidents Day is some time away... unless she means Martin Luther King Day. If the server promised between now and Presidents Day the OP has a wait in front of her.

Another reason I report directly to Attorneys.

Ok, I meant Martin Luther King day. I don't care when its filed w/the court, I need to know when to start hiding1 I live in new York, my Atty said my ex would be served saturday-yesterday, and that she'd call me to warn me as my service involved me uncovering millions in hidden assets in 3 countries- assets he never declared to the IRS or to net worth statements or under oath during divorce. I do appreciate all of your quick responses, however, really, so sweet of all of you. I'm sorry I omitted my state as well as the nature of the service to his residence. My ex claimed to be "broke" for 2 yrs during trial, got away w/it, but as a former federal employee I have friends w/information who uncovered 30 undeclared accts for me and I'm told I have a right to a percentage of it as I was left broke w/2 kids at christmas. Have I cleared up my question to get a clearere response as I'm thinking maybe if it happened late last night my Atty didn't want to call at that time, as promised. So will anyone indulge me 1 more answer?

It may be he is hiding from service. Was the attorney clear about telling the person doing service to notify them. Did the person doing service have your attorneys personal private number at home to notify them. Does your attorney work evenings and nights, do you have a way to contact your attorney over the weekend?

Most likely the server is trying to do the process but at times it is not as easy, a hard target has taken me a few weeks at time to find them, and serve them properly, others would hide from me so well.

So was your ex in town that day, could he even be out of town or out of the country right now. Could he have heard about the service, ( in big money cases people find things out)

But unless you can call your attorney at home this weekend, it will be Tuesday till you know.

As for as going into hiding. Why are you not already, are you going to wait till several hours after service to do so?
If you want to hide, pre plan and do it now.

See this is another case, where a fuller explanation of the circumstances could have saved some time.

So the situation as I understand it, is you provided evidence that will be very costly to your ex in your divorce settlement. You apparently feel that he may retaliate violently once notified.

So the question is why wait to go into hiding. As soon as you knew that the summons was out for service, you should have made arrangement. Whether he can be served on MLK day or not is really immaterial. If you are afraid of violence, the3n you need to take action NOW, not wait until you know that he was physically served.

I've served people who are violent. The spouse is told to go into hiding BEFORE the papers are served, not after. When a person is considered "dangerous" a request for a Protective Order OR an emergency Protective Order is served with the papers to dissolve the marriage.

Sorry, thank you all of you for your quick responses. Yes, the process server has my atty's phone 3s and agreed to call. However, if he served my ex at midnight I'm sure she wouldnr notify me service had been done at that late hour. Yes, I know for a fact my ex was home and in NY last night.. why am I not hiding from him already? I have 2 small children I don't want aware, but installed a camera system on my home. Again, I live in NY, so does he, so I wanted to know NY weekend/holiday service laws. Does anyone have experience w/reactions of spouses w/offshore undisclosed assets when they have neen found and found out? This service reads quite harshly towards him and the words "fraud, deception, perjury, coersion, etc" were in the summons on almost every page. I assumed he would have a canary when reading exact amts discovered in 3 countries and was surprised he didn't call or come over after reading the summons. Odd for a quick-tempered lying man to be so quiet after 2 yrs of feeling secure w/his financial deceptions to 3 courts and myself. Would you assume he was served late at night, too late for my Atty to notify me? The process server said it would be done yesterday, if personally served he was home after 11pm, if substitution service is legal in NY, there are 4 adults living at his residence. Any opinions/suggestions as to not taking his calls until his Atty has been notified or answering the door if he shows up? Would a reasonable man assault me over disclosing undisclosed millions in front of our children? As per your experience, of course. I'd like your opinions as per your experiences in these matters of finding offshore millions. Thank you again.

As Judy just said, if there was the possibility of violence, then your attorney should have included an order of protection.

We don't know your ex, so we can't predict how he will react. Clearly he's not going to be happy about this, but will he become violent and seek to harm you? We have no idea. If you feel that was a strong possibility, then you should have planned for it and gone into hiding as soon as the summons was prepared. Your attorney should have delayed putting the summons out for service until you protected.

Ok, I meant Martin Luther King day. I don't care when its filed w/the court, I need to know when to start hiding1 I live in new York, my Atty said my ex would be served saturday-yesterday, and that she'd call me to warn me as my service involved me uncovering millions in hidden assets in 3 countries- assets he never declared to the IRS or to net worth statements or under oath during divorce. I do appreciate all of your quick responses, however, really, so sweet of all of you. I'm sorry I omitted my state as well as the nature of the service to his residence. My ex claimed to be "broke" for 2 yrs during trial, got away w/it, but as a former federal employee I have friends w/information who uncovered 30 undeclared accts for me and I'm told I have a right to a percentage of it as I was left broke w/2 kids at christmas. Have I cleared up my question to get a clearere response as I'm thinking maybe if it happened late last night my Atty didn't want to call at that time, as promised. So will anyone indulge me 1 more answer?

Have I cleared up my question to get a clearere response as i'm thinking maybe if it happened late last night my Atty didnt want to call at that time, as promised. So will anyone indulge me 1 more answer?

As far as I'm concerned, you got your answer. As soon as you were informed that the summons was out for service is when you should have gone into hiding, if not sooner. DO NOT wait until you know he has actually been served.

Sorry, thank you all of you for your quick responses. Yes, the process server has my atty's phone 3s and agreed to call. However, if he served my ex at midnight I'm sure she wouldnr notify me service had been done at that late hour. Yes, i know for a fact my ex was home and in NY last night..why am I not hiding from him already? I have 2 small children I dont want aware, but installed a camera system on my home. Again, I live in NY, so does he, so i wanted to know NY weekend/holiday service laws. Does anyone have experience w/reactions of spouses w/offshore undisclosed assets when they have neen found and found out? this service reads quite harshly towards him and the words "fraud, deception, perjury, coersion, etc" were in the summons on almost every page. I assumed he would have a canary when reading exact amts discovered in 3 countries and was surprised he didnt call or come over after reading the summons. Odd for a quick-tempered lying man to be so quiet after 2 yrs of feeling secure w/his financial deceptions to 3 courts and myself. Would you assume he was served late at night, too late for my Atty to notify me? The process server said it would be done yesterday, if personally served he was home after 11pm, if substitution service is legal in NY, there are 4 adults living at his residence. Any opinions/suggestions as to not taking his calls until his Atty has been notified or answering the door if he shows up? Would a reasonable man assault me over disclosing undisclosed millions in front of our children? As per your experience, of course. i'd like your opinions as per your experiences in these matters of finding offshore millions. Thank you again.


In NY you CANNOT substitute serve an action for divorce. He MUST by law be personally served.

I don't know why your answers about me hiding once he is served makes me laugh. I was speaking more figuratively, than literally-I think! Shouldn't any reasonable person expect to be ultimately caught when his constant in-court responses of "I dont know where or how my millions were spent" expect to be found incredulous and therefore incite a spouse into an immediate financial hunt? Call me crazy, but unless I planned to leave the country I wouldn't have taken such a big risk with such incredible lies in a court of law. Judges here in NY are scary, not to him we see, but they are. Why was there no hearing date on this summons-I read it and was curious. Thank you again for your responses, I think you are all great!

I dont know why your answers about me hiding once he is served makes me laugh. I was speaking more figuratively, than literally-I think! Shouldnt any reasonable person expect to be ultimately caught when his constant in-court responses of "I dont know where or how my millions were spent" expect to be found incredulous and therefore incite a spouse into an immediate financial hunt? Call me crazy, but unless I planned to leave the country i wouldnt have taken such a big risk with such incredible lies in a court of law. Judges here in NY are scary, not to him we see, but they are. Why was there no hearing date on this summons-I read it and was curious. Thank you again for your responses, i think you are all great!


Is it an action for divorce or something else? An action for divorce does NOT have a hearing date on it - it's a summons and he must respond in writing.

I have no idea what a reasonable person would ultimately expect. I don't deal with reasonable people.

I have no idea what a financial hunt has to do with serving divorce papers.

I do NOT find Judges in NY to be scary. I see Judges "in action, on the job" all the time. If there is no proof of something OR it sounds unreasonable a Judge is NOT going to grant the request for relief.

What does this sentence mean? "Call me crazy, but unless I planned to leave the country i wouldnt have taken such a big risk with such incredible lies in a court of law."

Your Attorney should have provided you with MUCH more information than he/she already has. You apparently have already been in Court on another action?