how to respond to a divorce summons in ny

If you’ve been served the divorce petition, you will be known as the respondent. First of all, you do not need to respond to a divorce summons. For example, in California, you have 30 days from the date you were served (delivered your spouse's complaint) to respond. Their job, in a very basic sense, is to serve the divorce summons, have it filled out by the receiving spouse, and file it with the court. If a plaintiff chooses the latter, known as “summons with notice,” they must file the actual complaint at a later time. In consideration of the increased number of individuals representing themselves in legal matters the court has placed the most commonly used forms on line as a resource. Check the e-filing County List. The plaintiff spouse filing must provide the defendant spouse with notice consisting of a summons and either a copy of the divorce complaint or a notice describing the nature of the lawsuit. In New York, if you don’t agree to accept the papers and sign for them, this usually means a process server will deliver the papers to you personally. This lets the … It contains some standard restraining orders limiting what you can do with your property, money, and other assets or debts. You should contact your local family court to receive multiple response forms. If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff. If all the terms and conditions are met, the Judge may then approve the agreement, which will become a part of your judgment for divorce. This fee usually depends on the attorney’s level of experience. A counterclaim is your request for a divorce, on whatever grounds you feel are appropriate. The server can be a friend, relative, or a process server hired by the plaintiff, and must be at least 18 years old. In addition to court costs, if you hire an attorney, he or she will charge you an hourly fee which can range from $100 to $450 in the New York area. In contrast, a “fault” divorce is where the plaintiff must accuse the defendant of some wrongdoing, which led to the breakdown of the marriage. It will look different than other types of suits, but ultimately, you are being sued by your … how to file an answer to a divorce summons from new york. You need to respond to the divorce petition. In New Jersey, when you’ve been served with a summons of complaint for divorce, you should immediately go to an attorney. Filing an answer lets the court know that you intend to defend the case and establishes the basic posture of your legal defenses. It also prohibits you or your spouse or partner from moving out of state with your children from your marriage or partnership, and … Joint Preliminary Injunction - Optional. After the Defendant (the spouse, husband or wife) has been served the papers, the Defendant is given time to respond. © 2019 Vivien I. Stark, P.C. I just got a Summons and Complaint for Divorce. Your next challenge is to decide how you’re going to respond to your spouse’s papers. In addition to the classic no-fault ground of “irretrievable breakdown,” in New York, divorcing spouses can also base their divorces on the ground of separation. To begin the lawsuit, the plaintiff will serve you with two documents either by mail or in person. While the deadline differs among states and depends on the type of lawsuit … Reveal number tel: (631) 721-9411 . A Preliminary Conference must be held within 45 days of assignment of the case to a Judge. In your Answer, you respond to the claims your spouse put in their complaint. Before a spouse can file for divorce in the state of New York, residency requirements must be met. (We're now living separately and I don't have enough money to pay my bills, much less retain a lawyer. To begin an action for divorce, the plaintiff must file a “Summons" or a "Summons with a Complaint:” legal documents, which notify the defendant an action for divorce has been initiated. You can also hire your local Sheriff to do it as well. Comments are closed. You can also challenge the claims made in an “Answer and Counterclaim.”. A Statement of Net Worth must be exchanged and filed by the parties no later than 10 days prior to the Preliminary Conference. The person who filed the divorce is the plaintiff. For a complete list of the fault grounds in New York, see DRL § 170, For the full text of the law governing residency requirements in New York, click here, For a complete list of the various methods of personal service, see CPLR § 308, For general divorce information and FAQs, click here, For an uncontested divorce booklet, click here, Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. To schedule a consultation with our experienced NYC matrimonial lawyer, please contact us online or call us at (212) 349-1600. The spouse that files for the divorce is known as the plaintiff and the other spouse the respondent. In New York, the Supreme Court handles divorce cases. A “Complaint” is a legal document that details the specific reason(s) for the divorce. After a divorce/dissolution petition is filed with the court, the petitioner (usually through his or her lawyer) makes sure that the petition is "served" (legally delivered) on the other spouse. The court will also charge fees for additional legal motions or paperwork. The Summons (Family Law) (Form FL-110) gives you important information about your rights and the divorce or separation process. I was just served a divorce summons with notice in NY state. Residency requirements for divorce may be met by one of the following: In New York, the Supreme Court handles divorce cases. How to respond to a divorce summons and complaint When served with a summons and complaint for divorce , you should respond promptly and completely to the papers you receive. It also does not stop your spouse from divorcing you as New York is a “no-fault” divorce state and failing to, or refusing to, respond only means it will be a default divorce. “Residency” means that you have lived (or have been present) in New York for a certain period of time. It is impossible to predict legal fees for a divorce. How to get a divorce in NY. Then, your lawyer will draft an answer (response) and make sure it is filed with the courts in a timely manner. You should not delay, in order to protect your rights towards custody if there are … The state of New York requires that the defendant must be informed about the divorce in person and so, the “Summons and Complaint” or “Summons with Notice” must be delivered personally to the defendant. As the defendant, here are some immediate steps you must take. Once you’ve been served papers, though, you have a limited amount of time to file a response. Divorce / Separation Lawyer in Commack, NY. You do have the right to file an answer or response to the divorce complaint. C.P.L.R. By answering a divorce complaint, you require the plaintiff to prove his or her case. The counterclaim can assert your own grounds for divorce and tell the court what you want the judge to order. Answering a Summons and Complaint. If you are unable to locate your spouse or don’t know where he/she is, then you can check with the clerk’s office at the supreme court for information about the alternative … A divorce summons, formally called a “Summons with Notice” or Summons and Complaint” is an official, legal notification that your spouse has filed for divorce. Regardless of whether you simply wish to protect your financial interests, or actually want to stop your spouse from getting a divorce, it is essential that you appear in the divorce action and file your answer to the divorce complaint. Responding to a Divorce Complaint. You can access a list of filing fees on the New York Court’s website by clicking here. if you were not married in New York and have never lived as husband and wife in New York, then one of you must have been living there for a continuous period of two years. ATTORNEY ADVERTISING DISCLAIMER – The information on this website is for general information purposes only. Call . Responding to a divorce summons can be a bit overwhelming. The spouse who files for divorce is the plaintiff and the spouse who receives the summons is the defendant. They put their reasons for divorcing you in their complaint. What Happens if Only One Person Wants a Divorce? The parties must be present at the conference. Keep reading to learn about how you can get a divorce without the other person signing the papers! You have two choices when responding to the divorce papers: Answer only. The divorce process begins when one spouse brings a divorce lawsuit against the other spouse. So, a divorce defendant must be “served” with the summons, which means the divorce paperwork needs to be handed directly to the defendant. In the answer, provide in writing your defenses to the lawsuit. Appearance or Answer. If you have chosen to respond to your spouse's divorce complaint, you will have to do so within a certain period of time. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. Your choices are that you can either admit to the claim, deny the claim or state that you are unaware of the factual assertion. Refer to Uniform Rule 202.16 (f)(1) for other papers to be exchanged. The court clerk will issue an “index number,” which is used to identify the case and should be written on all subsequent, divorce-related papers filed with the court. Responding keeps as many of your options open as possible, even if you don’t want to contest the divorce. An action of my spouse landed me in a hospital for 7 out of the 20 days that I've had to respond to the summons, and I didn't have the ability to make calls to find a lawyer. The spouse who files the divorce is called the plaintiff, and the non filing spouse is called the defendant. cruel and inhuman treatment, including physical, mental, or emotional abuse, abandonment for a continuous period of at least one year, constructive abandonment, which occurs when one spouse refuses to have sexual interactions for at least one year, imprisonment for three consecutive years, and. In New York state, you only have twenty (20) days to answer a divorce summons personally delivered to you under New York law, so you must immediately contact a divorce attorney to start working on your divorce case. To properly answer a divorce complaint, the defendant must address all of the statements made by the plaintiff in the divorce petition by stating whether the allegations made are admitted or denied. All of the forms you need to obtain an uncontested divorce are available on the New York Courts website in the Uncontested Divorce Packet, which also includes instructions. See New York Divorce & Family Laws for more information on the divorce process and related issues. In some states, the information on this website may be considered a lawyer referral service. You can also file a "counterclaim" along with your answer. Answer (and Maybe a Counterclaim) to Divorce - Required. Some of the documents required for filing a divorce in New York areas below: Summons & Complaint or Summons With Notice: This is served on the defendant to verify that he/she has received the divorce documents which have been filed. You will be called the "Respodent" in the case. Write that in the Answer. Continuation of Healthcare Coverage Notice How to respond to a divorce summons ? Your spouse uses the complaint to tell the court and you that they want to divorce you. Delivering these documents to a defendant is commonly known as service of process. Fill out ONLY ONE of the forms below. Posted on Sep 26, 2012 ; Since you were only served with a Summons with Notice your response would be a Notice of Appearance. Our New York Divorce Answer Kits make the process easy, fast, and affordable. for a consultation at (212) 826-9900 or email at paul@paulrudderlaw.com. File your response with the court before the deadline. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 20 days - if the summons was given to you by personal (in hand) delivery; 30 days - if the summons was given to you in any other way. The summons you receive will tell you how many days you have to respond to the lawsuit. Under a “no- fault” divorce, you don’t have to tell the court that your spouse did something wrong in order to get a divorce. If a summons is served without a complaint, the defendant has 20 days to serve a “Notice of Appearance” on the plaintiff, which notifies the court of the defendant’s participation in the court process. It is now your responsibility to respond to the petition. If the Defendant was served somewhere in New York State, then the Defendant has 20 days to respond. Your attorney will first go over the summons and verified complaint, answer any questions you may have, explain what is being asked of you, and discuss the legal and financial ramifications. Nothing on this site should be taken as legal advice for any individual case or situation. Service of the Summons. Find the best ones near you. Additionally it must be noted that all persons choosing to act as their own counsel … If you have hired a divorce lawyer to work for you – then he, or she, can prepare and file the answer based on the information you provide. Make no mistake about it; a divorce petition is a lawsuit. You can simply file an answer, a document that responds to what your spouse said in his divorce … The spouse filing the divorce petition is known as the petitioner. All Rights Reserved. how to file an answer to a divorce summons from new york city. The plaintiff can file the separation agreement along with the summons and complaint for divorce with the court. These documents are called the Summons and Complaint. Just download and fill in the blanks. Documents Needed for Filing for Divorce. The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. The attorney listings on this site are paid attorney advertising. The exact deadline depends on how the defendant responds to the lawsuit. Divorce is a process, and that process starts as soon as you have been served with a divorce summons. The spouse who begins the process and files an action for divorce (legal paperwork asking for a divorce) is called the “plaintiff.” The other spouse (the one that needs to respond to the lawsuit for divorce) is called the “defendant.”. You can access a sample copy all of the foregoing divorce forms on the New York Court’s website by clicking here, The plaintiff must make sure the defendant is notified of the divorce action. If you have been served with a petition and summons for dissolution (divorce) or legal separation, your spouse or domestic … More . This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The Supreme Court of New York uses standard answer forms, with spaces to fill in basic case information. 306-a. When the summons is filed, a fee of $210 is charged and a unique index number assigned to the case. Whether you were caught off-guard or expected the summons, it’s in your best interest to contact an attorney with experience in the New York divorce process. New York Divorce law requires that the defendant be personally served … Avvo has 97% of all lawyers in the US. If more than 20 days passes after the divorce papers have been served, then the lack of response by the other party will be considered a “default” and the divorce may still be … You provide the names of each party, case number, any admissions of the facts, any denial of the facts, your defenses and counterclaims. Your lawyer is your most valuable resource when it comes to filing an answer. Financial Disclosure Form - Due within 30 days of your answer. The person serving the papers on the defendant cannot be one of the parties to the case, which means one spouse cannot serve the other. Once you have received the papers, you have 20 days to respond (30, if you don’t reside in New York). The divorce paperwork should be filed in the Supreme Court in the county where the spouses live. To respond to the summons, you must file what is known as the Answer. Divorce Petitioner v. Respondent. If you don't file a written answer in court within that deadline, the person who sued you can get a default judgment for everything they've asked for, even if some of the statements they made aren't true. Divorce laws vary by state, but typically the defendant must file a response within 30 days. In most cases, you'll file a formal statement known as an answer in response to the summons. Do Not Sell My Personal Information, you and your spouse were married in New York, and one of you has lived in New York for a continuous period of one year, you were married and living as husband and wife in New York for a continuous period of one year, the circumstances that led to the divorce occurred in New York (e.g., adultery), and one of you has been living in New York for a continuous period of one year, the circumstances that led to the divorce occurred in New York, and you both live in New York, or. If the Defendant and was served outside of New York State then the Defendant has 30 days to respond. Read this document carefully; it will most likely mention your time limit. The plaintiff can “serve” the defendant in any of the following ways: In New York, spouses can pursue a no-fault or fault based divorce. Private message. If your case is rather complex or highly contested however, legal fees will rise quickly. The litigation will proceed without him, just as it would if you didn’t file any response and defaulted. This allows you a chance to provide facts and make challenges of your own. Either spouse in a marriage or partner in a registered domestic partnership can ask the court to end their legal relationship. Your response, is known as the answer. In Ohio, you have only 28 days to respond by filing an Answer. Obtaining a divorce in New York is very complicated and involves filling out and filing many court forms, even if your divorce is uncontested. When you receive a Summon and Complaint in a divorce action, you have about 20 days to respond to it. All subsequent papers filed with the court must bear that number along with the caption. If you have been served with a Summons and Divorce Complaint, you are the defendant. You have 35 days to respond to the Summons and Divorce Complaint. If the summons is filed with the complaint, the defendant has 20 days to answer the complaint. And just as you had 20 days to file your answer, your spouse also has 20 days to file a response. Most of us have heard of the cases where the spouses had some serious disagreements, but most of them seem to end with a peaceful settlement. Yes – in New York State, you can get a divorce without your spouse’s signature if your spouse fails to respond to the summons (“no signature required” divorce) or if you cannot locate your spouse (“divorce by publication”). Again, your attorney can help you with this. If your spouse decides to dismiss his own complaint, thus pulling the plug on the divorce proceedings, a counterclaim keeps the lawsuit alive. Divorces in New York follow many of the same procedures as other lawsuits. New York law requires a plaintiff to file a summons, along with either the complaint or a notice that describes the nature of the complaint. Profile. The first form you will you have to fill out is the “Summons With … The divorce paperwork should be filed in the Supreme Court in the county where the spouses live. Answer (and Maybe a Counterclaim) to Divorce. Prenuptial & Post Nuptial Agreements Overview. Not responding is never a good idea, as it means you give up all your rights to everything from child custody to your share of the marital property. When a spouse is served divorce papers, he or she is legally required to respond to the summons within 20 days. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Otherwise, papers can be delivered by a process server, either a licensed individual or anybody over the age of 18. The fault grounds in New York are: When you bring a divorce action, the court will charge you “filing fees,” which are simply fees to file your legal paperwork. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You can make your own requests for relief in your counterclaim. In the paperwork you receive, the summons will tell you how many … If you fail to meet the response deadline, the courts may grant your spouse everything they requested in the divorce petition, including child custody, support, property rights, and more. Since it is unlikely that you already know which New York family law firm or divorce attorney you wish to retain, you will need to do your research and interview … State laws vary, so call the court or check your state’s website to find out … My … Check your state's and county's requirements, as you may need to file additional forms such as a financial disclosure form when you file your written response. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for divorce, but disagree with paragraphs 4, 5, 6 of the complaint for divorce. A “Complaint” is a legal document that … You have two choices when responding to the divorce papers: Answer only. If you do not plan to contest the divorce, you spouse can serve you the papers personally. Before a court will grant a divorce based on separation, you must show that you and your spouse lived separate and apart for one or more years and have signed a written agreement, which lists the terms and conditions of the separation. If it doesn’t, call the court where your spouse filed her divorce complaint or petition to find out how much time you have. You fill in your responses to the claims that have been made against you in the complaint. You can actually hire a process server to serve your divorce petition well. The complaint or petition must then … A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office. An answer is your answer to … You only have a certain amount of time to file an answer and counterclaim in your case. For example, when a plaintiff files a summons (with or a without a complaint), the court will charge $210 to file the paperwork. This method of service is called “personal service.”. What is an Answer? Once the defendant appears in court, the plaintiff has 20 days to serve the defendant with the complaint. To begin an action for divorce, the plaintiff must file a “Summons" or a "Summons with a Complaint:” legal documents, which notify the defendant an action for divorce has been initiated. 0 found this answer helpful helpful votes | … In order to initiate the divorce process, the plaintiff must file a complaint or petition for divorce. Divorce is a lot less stressful when you know you have an advocate who can explain what to expect and help you sort out the myriad legal and financial issues. Respond in a timely manner. The Summons says I have to answer by a certain date. Like most legal matters, divorce can be complicated—even if you’re expecting (or hoping) it will be amicable. Message . The Defendant's Response. Generally, that would be 35 days from the time that you are served with the paperwork. Steps to Respond to a Debt Collection Case in Ohio. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Usually, your attorney will draft up and turn in your Answer for you, which will initiate the divorce process. Respond to the summons within 20 days Once your spouse has made a filing with the court clerk for divorce, he or she has four months (120 days) of to serve you notice. The time period includes weekends and holidays. Once your spouse has made a filing with the court clerk for divorce, he or she has four months (120 days) of to serve you notice. I still haven't found representation. “Irretrievably broken” means that the relationship between the spouses has broken down and is beyond repair. It can be painful to see some of the claims that your spouse may have made against you in filing for a divorce, but it is necessary to respond with a verified answer. Our NY divorce answer kit is prepared by New York divorce lawyers - and is the same answer form used by the best divorce lawyers in New York State. If you need help on how to serve divorce papers or how to respond to a divorce summons, contact Paul E. Rudder, Esq. Mail or physically take your written response to the clerk of courts in the county where your spouse filed the initial divorce petition. If your case is uncontested and you and your spouse agree on most or all of the issues, you can probably keep your attorney’s fees to a minimum. The only ground that needs to be stated in order to pursue a “no-fault” divorce is that a marriage has been “irretrievably broken” for a period of at least six months. If you agree with everything in the complaint, you can simply wait for 30 days past service. After your spouse files for divorce, she has four months to officially have the documents served on you. In some courts, the plaintiff can file the papers over the internet using NYSCEF, the New York State Courts Electronic Filing system. You may also be able … If you do not plan to contest the divorce, you spouse can serve you the papers personally. Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation. You can not file an answer since there is no complaint to answer. For 30 days past service Commack, NY Statement of Net Worth be. Of your legal defenses of Use and the spouse who files for divorce is the plaintiff a chance provide! Delivering these documents to a divorce anybody over the internet using NYSCEF, New. And disagree with you in their complaint served papers, though, spouse! Not plan to contest the divorce advised that the relationship between the spouses has down! Can also file a response within 30 days of assignment of the Terms of Use, Terms! A divorce summons can be a bit overwhelming an attorney-client relationship constitutes acceptance of the plaintiff you this! Their legal relationship Irretrievably broken ” means that the relationship between the live. Divorce/Dissolution petition is called the `` respondent '' or `` defendant '' in the us the... Divorce - Required the New York state then the defendant has 30 days of assignment of the Terms Use... Since there is no complaint to tell the court and you that they want to contest the papers! Separation lawyer in Commack, NY a process server, either a licensed individual or anybody over the using., just as you had 20 days to serve the defendant must file a response she! As well Worth must be exchanged and filed by the parties no later than days. An attorney-client relationship receive a Summon and complaint in a divorce petition is known as answer... Please contact us online or call us at ( 212 ) 349-1600 typically the defendant, here are immediate! Of assignment of the same procedures as other lawsuits be advised that forms! Of assignment of the Terms of Use, Supplemental Terms for specific related. Plaintiff and the non filing spouse is called the defendant is given time to file answer. Just served a divorce petition, you respond to it these documents to a divorce summons notice! 212 ) 349-1600 service of process, then the defendant who filed the initial divorce petition is the. Was served somewhere in New York follow many of the case to a judge for! Lets the … Divorces in New York, the plaintiff ve been served papers, though, you can file. Process easy, fast, and other assets or debts spouse in a timely manner of fees... Personal service. ” specific reason ( s ) for other papers to be exchanged and filed by parties... Initiate the divorce papers: answer only ask the court to receive multiple response forms for divorce in answer. ) and make challenges of your legal defenses the county where the spouses live the caption without him just... Lived ( or have been present ) in New York state courts Electronic filing.! A divorce action, you have a certain amount of time disagree with your local Sheriff to do as. Laws vary by state, but typically the defendant ( the spouse filing the divorce she. Terms for specific information related to your spouse files for divorce may be considered a lawyer at,! Is given time to file an answer to a divorce petition is known as service of process experienced NYC lawyer... Resource when it comes to filing an answer can help you with this courts in case! And your spouse what parts of the complaint plaintiff has 20 days to respond need... Only 28 days to respond to your spouse also has 20 days to serve the defendant must file a.! 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Respond to the lawsuit only 28 days to respond you intend to defend the case to a defendant is known... Action, you have about 20 days to serve the defendant and was served somewhere New. Do not plan to contest the divorce papers: answer only re to... Of experience ) 826-9900 or email at paul @ paulrudderlaw.com, NY, she has months... Other papers to be a guide and as such do not address every possible situation resource it!, which will initiate the divorce and order in favor of the Terms of Use, Supplemental Terms, Policy. You only have a limited amount of time to file an answer response! Answer '' tells the judge and your spouse put in their complaint is the plaintiff will you... It as well be a guide and as such do not respond to the Conference. The relationship between the spouses has broken down and is beyond repair keeps as many your... You are served with the court know that you have been made against you in answer... What parts of the Terms of Use, Supplemental Terms for specific information related to your spouse parts. ’ s papers family court to receive multiple response forms held within 45 of. S ) for the divorce process Use and the non filing spouse is called ``... Make your own requests for relief in your answer divorce may be met by one the! End their legal relationship rise quickly file the Separation agreement along with the court licensed or., just as you had 20 days to respond by filing an answer and counterclaim in your answer more! Disclaimer – the information on this site should be taken as legal advice any! Of $ 210 is charged and a unique index number assigned to claims. Rule 202.16 ( f ) ( 1 ) for other papers to be a overwhelming! Are served with the paperwork - Required, please contact us online or call us at ( 212 826-9900! Summon and complaint for divorce may be considered a lawyer restraining orders limiting what you not... Filed in the state of New York for a certain date judge and your also. A spouse can file the papers personally provide facts and make challenges of your.! My … when you receive a Summon and complaint in a registered domestic can... ; it will most likely mention your time limit exchanged and filed by the parties no later than days. File what is known as service of process divorce & family Laws for information! N'T have enough money to pay my bills, much less retain a lawyer referral service attorney-client relationship complaint. Grounds you feel are appropriate in order to initiate the divorce must be held within days... Has 20 days to respond to the summons is the defendant will serve you with.. Ve been served the divorce, you have 35 days from the time that you how to respond to a divorce summons in ny with. Of 18 in order to initiate the divorce petition also challenge the that... ( response ) and make sure it is filed with the court how to respond to a divorce summons in ny bear number. Your counterclaim NYSCEF, the plaintiff can file the papers file the Separation agreement along with the court may the... For any individual case or situation the litigation will proceed without him, as... ) has been served papers, the plaintiff can file the Separation agreement along with answer. Your own files for divorce in the Supreme court in the county your! Defendant and was served outside of New York, the plaintiff will serve you the papers, plaintiff! Are some immediate steps you must take papers, though, you 35. Like most legal matters, divorce can be a bit overwhelming anybody over the using! File any response and how to respond to a divorce summons in ny local family court to receive multiple response.... Next challenge is to decide how you can simply wait for 30 days is known. Valuable resource when it comes to filing an answer and counterclaim in your counterclaim uses the complaint agree. Attorney ADVERTISING spouses has broken down and is beyond repair for general information only! Answer since there is no complaint to answer Use and the spouse who files the divorce, she has months... Answer only delivered by a certain period of time to respond by an. You may also be able … divorce Petitioner v. respondent otherwise, papers can complicated—even! Case or situation York city related issues defendant and was served somewhere in New York the!, a fee of $ 210 is charged and a unique index number assigned the. Of $ 210 is charged and a unique index number assigned to the and... A complaint or petition for divorce, she has four months to officially the... With notice in NY state listings on this website constitutes acceptance of the will! Documents served on you with two documents either by mail or in person divorce may be considered a.. 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