In NY matrimonial actions, pleadings must be verified and service by personal delivery; what else is required at service?

• A. A copy of the automatic orders must be served with the summons.
• B. The defendant must be served only after a court order.
• C. The automatic orders are optional.
• D. Service by mail is acceptable.

Answer: (A)

In a New York matrimonial action, the papers to start the case must be served by personal delivery, and a copy of the automatic orders must be served with the summons. The automatic orders are a set of temporary court directives designed to protect the parties and any children while the case proceeds—covering issues like support, maintenance, custody, and the disposition of assets. They take effect immediately, so serving them with the summons ensures the other party is notified of these immediate obligations and restrictions from the outset. Service by mail isn’t sufficient for this initial step, and the automatic orders aren’t optional—they must accompany the summons. A court order isn’t a prerequisite to service; you begin the action and include the automatic orders with the initial papers.