Steps to Bring a Divorce Action in New York
STEPS TO BRING A DIVORCE ACTION IN NEW YORK STATE
STEP 1: Prepare the Summons with Notice or the Summons and Verified Complaint
STEP 2: Purchase an index number and file the original of the Summons With Notice or the original of the Summons and Verified Complaint.
STEP 3: Have the Defendant served with one copy of the Summons with Notice or Summons and Verified Complaint by being personally handed the papers. If there are children under the age of 21, you must also serve a copy of the Child Support Standards Chart on the Defendant. If the parties were married in a religious ceremony, the Defendant must be served with a copy of the Sworn Statement of Removal of Barriers to Remarriage.
STEP 4: Where the Defendant agrees to the divorce, he or she will need to sign the Affidavit of Defendant.
STEP 5: Where the Defendant will not agree to complete and return the Affidavit of Defendant, the person that served the Defendant must prepare an "Affidavit of Service", which attests to the service of the Summons With Notice or Summons and Verified Complaint. This affidavit must be submitted along with the full set of divorce papers when you place your case on the court's calendar. Keep in mind that there is a 40-day waiting period from when the summons is served to place the matter on the court's calendar. When the Defendant does not sign the Affidavit of Defendant, waiving the 40 days, you must wait the full 40 days before you can place the matter on the court's calendar. If the Defendant appears and does not consent to this action, then your matter is no longer an uncontested matrimonial and you will be unable to obtain an uncontested divorce.
STEP 6: If the Defendant consents to the action by signing the Affidavit of Defendant, you may place your case on the court's calendar immediately. Otherwise, you will have to wait until 40 days after the date of the service of the summons.
STEP 7: You must complete the following forms to place your case on the calendar: Affidavit of Service/ Affidavit of Defendant, Sworn Statement of Removal of Barriers to Remarriage, Child Support Worksheet, Support Collection Unit Information Sheet, and Qualified Medical Child Support Order. You also must complete the Certificate of Dissolution of Marriage, the postcard, and the Divorce and Child Support Summary Form. If a party is requesting child support payable to a person or entity other than a child support collection unit, the party must complete, as well, the New York State Case Registry Form. If you are filing your action outside of the City of New York, you also must complete Request for Judicial Intervention.
STEP 8: You must file the completed forms with the County Clerk's Office.
STEP 9: All of the papers filed with the County Clerk's Office will be submitted to the judge. If the papers are approved, the judge will sign the Judgment of Divorce. If you are asking for maintenance, custody, visitation, or distribution of property, the court may require a hearing unless you have either a written agreement or prior court order. In some instances, the court will not sign the Judgment of Divorce until the Defendant is served with a copy of the unsigned Judgment and any other proposed orders and is permitted an opportunity to object to or comment on them. In that situation, the court will notify you that the Judgment and the proposed orders are to be served upon the Defendant with a Notice of Settlement.
STEP 10: After your papers have been reviewed and signed by a judge, you will be notified; the papers may need to be re-filed, and the judgment entered, in the County Clerk's Office. A divorce is not considered final until such time as the signed judgment is entered in the County Clerk's Office. Should you receive notice that the papers have been filed on your behalf by the court, or if you file the papers, you may go to the County Clerk's Office to obtain a certified copy of the judgment.
STEP 11: A copy of the judgment of divorce must be served on the Defendant. To do this, you must mail to the Defendant a copy of the signed and entered Judgment of Divorce, together with the completed Notice of Entry.