Divorce

If you are served with divorce papers but do not agree with any of the terms that your spouse is asking for in the divorce, you have a limited amount of time to file your own papers in response to the divorce petition. If you are served with a “summons with notice,” you can answer (“appear”) in the case by filing and serving upon the other party a notice of appearance and demand for complaint. If you are served with a summons and verified complaint, you may answer (“appear”) in the case by filing and serving a verified answer and counter-claim, in which you can ask for whatever relief you want in the divorce. For specific advice on how to serve a notice of appearance and/or on how to fill out and serve a verified answer and counterclaim, especially if you are not sure which one to file, please consult with a lawyer. There are many steps to proper service, including knowing how to serve the papers to the opposing party, how to fill out and file an affidavit of service and what papers need to be filed with the court. It is generally best to get legal advice to be sure that everything is done properly.

As the divorce progresses, there will be a series of court dates where you will have to appear in court in order to deal with the issues within the divorce. We strongly recommend getting a lawyer to represent you since contested divorces can be quite complicated and complex. Go to our NY Finding a Lawyer page for legal referrals.