Divorce Blog

When You Know Divorce is Your Next Step, It Can Help To Know The First Steps

When you’ve made the difficult decision that divorce is the option that will be in your best interests, it’s normal to feel overwhelmed. But understanding the components of the divorce process may help you find some peace of mind.  This infographic details the steps involved in commencing an action for divorce.

When You Know Divorce is Your Next Step, It Can Help To Know The First Steps Infographic
Title: Divorce in New York and HOW TO BEGIN?
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1. Summons & Verified Complaint
The usual first step after choosing your attorney is to prepare and file a Summons and Verified Complaint. You are the “Plaintiffs’ if you are the one commencing the Action.
2. What’s Included?
Within the Summons and Verified Complaint is the demand for divorce; grounds or reason you claim you are entitled to divorce, all relief you’re seeking including: custody, child support, spousal support and equitable distribution of marital assets and liabilities.
3. Signature Required
A ‘verified’ pleading, such as the Complaint, is signed by the pleading party, sweating to the truth of the contents.
4. File with the County Clerk
Summons and Verified Complaint is filed in the County Clerk’s office where you or your spouse lives. A unique index number is issued to your Action to identify your case. Documents filed are date-stamped.
5. Serving Papers
Summons and Verified Complaint is personally served upon your spouse (“Defendant”). It must be directly handed to your spouse, commonly by a professional process server. Defendant may also pick up papers from your attorney.
5. FYI
In New York State anyone over 18 may serve papers except the Plaintiff.
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Upon completion of all steps, your Action for Divorce will be officially commenced. Our experienced attorneys can help guide and advise you through the process.
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