Case Update (2020): Sweet-Martinez v. Martinez; Request for alternative service using FedEx to a Defendant located in a treaty partner under the Hague Service Convention
The Supreme Court of New York, Warren County, in Sweet-Martinez v. Martinez , ( 2020 NY Slip Op 20195) authorized alternative service by Federal Express to a Defendant for an uncontested divorce proceeding (without children). The Defendant had previously been removed and returned to Mexico. Plaintiff had communicated with her Husband in Mexico, and had, what she believed to be his residential address in Mexico. She sent paperwork to this address by postal mail, but the Defendant did not acknowledge receipt nor file any responsive pleadings in the divorce case. The Supreme Court acknowledged that the U.S. and Mexico are treaty partners under the Hague Service Convention, and inquired as to what steps Sweet-Martinez had taken to ensure service was effectuated pursuant to this treaty. She indicated that, on June 12, 2020 (less than 2 months prior to this court's opinion), she had prepared and submitted, by postal mail, a request for service to the ...