New York Divorce Procedures

A divorce procedure is begun when a Complaint and Summons or a Summons with Notice are filed. When these documents are filed, a unique index number is allocated to the divorce case and a filing fee is charged. All the papers associated with this case have this index number. As per the divorce law in this state, the Petitioner must personally serve the divorce papers to the Defendant, except when the court permits other modes of service.

New York Divorce Procedure about Pleadings

A pleading comprises of the following 2 or 3 documents.

• A Verified Complaint: The Plaintiff prepares and files this document. It comprises of the grounds of divorce and any ancillary relief like expert fees, legal fees, equitable distribution exclusive occupancy, maintenance, child support, visitation, child custody or other relevant relief as applicable.

• A Verified Answer: The Defendant responds to the Complaint through this document. It comprises of admittance or denial of the allegation included in the Complaint. Along with this Answer, there may also be a Counter Claim. The Defendant can counter sue the Petitioner using this document.

• A Verified Reply: If a Defendant makes a counterclaim, the Plaintiff responds through this document

It must be noted that the Verified Answer and the Verified Reply, both may contain Affirmative Defenses. An affirmative defense means that if it is proved, the Plaintiff cannot succeed on the given topic on which the Plaintiff would have succeeded if the affirmative defense would not have been proved.

Consider that the Plaintiff has stated adultery as the ground of divorce. Then, the Defendant makes an affirmative defense that the Plaintiff has also committed adultery. Further, the Plaintiff proves that the Defendant has committed adultery. The Defendant also proves the affirmative defense. Then, the court does not grant the divorce on the basis of Defendant's adultery.

New York Divorce Procedure about Discovery

Generally, the discovery schedule is decided in course of the preliminary conference or might be initiated before this conference.

The Preliminary Conference

During the early phase of the divorce, the preliminary conference takes place. It is used for the following purposes.

• To set a timeline for the divorce case
• To handle any preliminary issues
• To set up any preliminary orders
• To locate the issues that can be settled at an early stage

The dates for the exchange of the below mentioned information are also decided in this conference.

• Interrogatories (written questions)
• Document Requests
• Appraisals of Real Estate
• Appraisal of Pensions
• Net Worth Statements
• Oral questions and answers recorded by a court reporter (Depositions)

Compliance Conference

At this conference, both the divorcing parties confirm that they have all the essential data regarding self and others that is essential for the trial. Both the divorcing partners either accede with each other that the discovery process is completed or they request additional period for its fulfillment. The court grants or negates this request on the basis of the reason as to why the discovery process is not complete.

Divorce Papers