What to Do When Served with Divorce Papers in New York

Being served with divorce papers in New York can turn an ordinary day into a stressful one.  If you have been served with divorce papers in New York, there are specific steps you need to take and deadlines you need to meet to protect your rights.  Knowing what you have been served with, how to respond, and when to respond can make a real difference in how your case unfolds. Most importantly, your attorney will address each of these issues for you during the litigation.

What Are the Initial Divorce Papers You Will Receive?

In New York, a divorce action begins when one spouse (the Plaintiff) serves the other spouse (the Defendant) with divorce papers.  In New York, divorce cases are filed in Supreme Court, not Family Court.  In Suffolk County, divorce cases are handled at the Supreme Court located at the H. Patrick Leis III Cohalan Court Complex in Central Islip.  Before serving you, your spouse (or your spouse’s attorney) filed the Summons and purchased an index number from the county clerk’s office, which is the case number assigned to your divorce.  These initial papers typically come in one of two forms:

Summons with Notice

A Summons with Notice is a relatively simple document that notifies you that your spouse is commencing a divorce action against you.  This document contains:

• Names of both parties
• Index number assigned to the case
• Date the summons was filed
• County where the divorce action is filed
• Plaintiff’s attorney information (or Plaintiff’s contact information if self-represented)
• A notice stating the nature of the action (divorce)
• Relief sought by the Plaintiff (e.g., equitable distribution of property, custody, child support, maintenance)
• The automatic orders notice

The Summons with Notice does not include detailed allegations or grounds for divorce, only a brief statement that the Plaintiff seeks a dissolution of marriage.  It serves primarily as notification that legal proceedings have begun and provides a (somewhat soft) timeline by which the Defendant must appear.

Summons and Verified Complaint

Alternatively, you may be served with a Summons and Verified Complaint.  This is a more detailed set of documents that includes:

• The Summons (similar to that in a Summons with Notice)
• A Verified Complaint, which provides:
  • Detailed information about both parties
  • Grounds for divorce
  • Marriage information (date and place)
  • Information about children of the marriage
  • Specific relief requested
  • Verification signed by the Plaintiff

The Verified Complaint is more detailed than a Notice and sets forth the specific allegations and claims of the Plaintiff.  The complaint must be “verified,” meaning the Plaintiff has sworn to the truth of the statements contained within it.

Contact a Divorce Attorney as Soon as Possible

The most important step you can take after being served with divorce papers is to consult with an experienced divorce attorney.  The deadlines for responding are short, and the decisions you make early in the case can affect your rights throughout the entire proceeding.  An attorney can review the papers you received, explain your options, and help you prepare a proper response.  If you wait until a deadline is approaching or has passed, your options may be significantly limited.

If you have been served with divorce papers in Suffolk County or anywhere on Long Island, the Law Office of Louis L. Sternberg, P.C. in Hauppauge can help you understand your options and respond within the required deadlines.

What Other Documents Are Served with Divorce Papers in New York?

When served with divorce papers in New York, you will receive several additional documents besides the Summons and Complaint or Summons with Notice:

Notice of Automatic Orders

This notice informs both parties that certain automatic orders in a New York divorce go into effect immediately upon the commencement of the divorce action.  These orders, set forth in

These orders, set forth in Domestic Relations Law §236, prohibit both spouses from:

• Selling, transferring, encumbering, concealing, assigning, removing, or disposing of property individually or jointly held without the consent of the other party or court order
• Incurring unreasonable debts
• Changing beneficiaries on any existing life insurance policies, or failing to maintain the existing life insurance, automobile insurance, homeowners insurance, and renters insurance policies in full force and effect
• Removing the other spouse or children from health insurance coverage
• Transferring funds from or closing bank accounts, except in the usual course of business, for customary and usual household expenses, or for reasonable attorney’s fees in connection with the divorce
• Withdrawing, transferring, or borrowing against any retirement accounts, pension plans, or profit-sharing plans, except as required by law or for customary and usual household expenses or reasonable attorney’s fees

These automatic orders remain in effect throughout the divorce proceedings until the final judgment is entered.

Notice Concerning Continuation of Health Care Coverage (DRL §255)

This notice, required under Domestic Relations Law §255, informs both parties that once a judgment of divorce is signed, a party may or may not continue to be eligible for health insurance in a New York divorce coverage under the other party’s plan, depending on the terms of that plan.  While the notice itself is brief, it raises an issue that deserves early attention.  You should review your current health insurance arrangements, determine whether you are covered through your spouse’s plan, and begin considering your options for obtaining independent coverage, including COBRA benefits, employer-sponsored plans, or the health insurance marketplace.

Notice of Guideline Maintenance

If maintenance (alimony) may be at issue in your case, you will receive a notice regarding New York’s maintenance guidelines.  This document explains how courts calculate temporary and post-divorce maintenance based on a statutory formula.

How to Respond After Being Served with Divorce Papers in New York

Once served with divorce papers, you have a limited time to respond.  Failure to respond can result in a default judgment against you, potentially forfeiting your right to contest aspects of the divorce.

Time Frame for Response

In New York, you generally have:

• 20 days to respond if the papers were personally delivered to you within New York State
• 30 days to respond if service was made by other means or outside of New York State

What Happens If You Do Not Respond

If you do not respond within the required time, the court may treat you as being in default.  This means your spouse can proceed with the divorce without your participation.  The court can grant the divorce and make decisions about property division, custody, support, and other issues based solely on what your spouse has requested.  You will have lost your opportunity to present your side, contest any of the claims, or ask for relief of your own.  Vacating a default after it has been entered is possible but requires a formal motion, a showing of reasonable excuse for the delay, and a demonstration that you have a meritorious defense.  It is far easier to respond on time than to try to undo a default after the fact.

Required Response Documents

Your response will depend on how the divorce was initiated:

If served with a Summons with Notice:

You must serve a Notice of Appearance and Demand for Complaint.  After receiving the Complaint, you then have 20 days to serve an Answer.

If served with a Summons and Verified Complaint:

You must serve an Answer or an Answer with Counterclaims.

Answer to the Complaint

Your Answer must address each allegation in the Complaint, typically by:

• Admitting the allegation
• Denying the allegation
• Stating that you lack sufficient information to admit or deny

The Answer may also include:

• Affirmative defenses (legal reasons why the Plaintiff should not prevail)
• Counterclaims (your own claims against the Plaintiff)

Filing and Service Requirements

After preparing your response:

1. Make at least three copies of all documents.
2. Have your Answer served on the Plaintiff or their attorney.  This service must be made by someone who is 18 years or older and not a party to the action.
3. The server must complete an Affidavit of Service, which you will file with the court.
4. File the Answer and the Affidavit of Service with the county clerk’s office where the divorce was filed.
5. Keep a copy of all documents for your records.

If you are including counterclaims in your Answer, the Plaintiff will have 20 days to respond to those counterclaims.

What Happens After You Respond to Divorce Papers?

Once you have filed your response, the divorce case formally proceeds.  The next steps typically include:

Preliminary Conference

In most counties, the court will schedule a Preliminary Conference (PC) after both parties have appeared in the action.  For more information about the general court process, see the New York State Unified Court System divorce resources.  At this conference:

• A judge or court attorney-referee will meet with both parties and their attorneys to get the case on track
• The court will issue a Preliminary Conference Order outlining deadlines for discovery, evaluations, and other matters
• The court may address any immediate issues requiring temporary relief
• Parties may be referred to mediation if appropriate

Discovery Process

Both parties will engage in discovery, which is the formal exchange of financial and other relevant information.  This typically includes:

• Serving and responding to Document Demands
• Serving and responding to Interrogatories (written questions that must be answered under oath)
• Completing and exchanging the Statement of Net Worth, a sworn financial document filed with the court that details each party’s income, expenses, assets, and liabilities.  This document is required in all contested matrimonial actions and carries penalties for perjury if any information is false or misleading.
• Depositions (sworn testimony taken before trial)
• Appraisals of property and businesses, including the preparation of a Qualified Domestic Relations Order (QDRO) where retirement assets must be divided
• Evaluations related to custody and parenting, if children are involved

The discovery process is essential for ensuring that both parties have complete information before settlement discussions or trial.

Settlement Negotiations

Most divorce cases in New York settle before trial.  Settlement can occur through:

• Direct negotiations between attorneys
• Court-facilitated settlement conferences
• Formal mediation
• Collaborative law process

If a settlement is reached, the attorneys will draft a Settlement Agreement or Stipulation of Settlement.  This document details all aspects of the divorce resolution, including division of assets and liabilities, support, custody, and other relevant issues.

Court Appearances

Throughout the divorce process, you may be required to attend multiple court appearances:

• Compliance conferences to ensure discovery is proceeding
• Motion hearings if either party files motions for temporary relief
• Settlement conferences to explore resolution possibilities
• Pre-trial conferences to prepare for trial if settlement is not achieved

Trial

If a settlement cannot be reached, the case will proceed to trial, where:

• Each party presents evidence and testimony
• The judge considers all evidence and applicable law
• The court issues a decision on all contested issues
• A judgment of divorce is prepared based on the court’s decision

A trial is typically the most time-consuming and expensive part of the divorce process.  Most cases settle before reaching that point, and courts actively encourage resolution through negotiation and settlement conferences.

Judgment of Divorce

Whether through settlement or trial, the divorce process concludes with the entry of a Judgment of Divorce.  This document:

• Legally dissolves the marriage
• Incorporates the terms of settlement or the court’s decision
• Becomes effective when signed by the judge and filed with the county clerk

Frequently Asked Questions

How long do I have to respond to divorce papers in New York?

If you were personally served within New York State, you have 20 days to respond.  If service was made by another method or outside of New York, you generally have 30 days.

What happens if I ignore divorce papers in New York?

The court can enter a default judgment against you, allowing your spouse to obtain a divorce and potentially resolve issues like property division, custody, and support without your input.

Do I need a lawyer if I was served with divorce papers?

You are not required to have a lawyer, but divorce involves strict deadlines, complex financial disclosures, and legal rights that are difficult to protect without experienced counsel.  Consulting with a divorce attorney as early as possible is strongly recommended.

What is a Summons with Notice vs. a Summons and Verified Complaint?

A Summons with Notice is a shorter document that informs you a divorce action has been filed and lists the relief your spouse is seeking.  A Summons and Verified Complaint is more detailed and includes specific allegations and grounds for divorce.

What are automatic orders in a New York divorce?

Automatic orders are restrictions that take effect immediately when a divorce action is commenced.  They prohibit both spouses from disposing of assets, changing insurance policies, incurring unreasonable debts, or withdrawing from retirement accounts, among other things.

If you have been served with divorce papers in Suffolk County or elsewhere on Long Island, you do not have to figure this out on your own.  The Law Office of Louis L. Sternberg, P.C. in Hauppauge represents defendants and plaintiffs in divorce and family law matters throughout Suffolk and Nassau Counties.  Contact us today to discuss your situation and learn how we can help you protect your rights.  Call (631) 600-3295 or use our intake forms to schedule a consultation.