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Getting divorced is often uncomfortable and emotionally charged. Going through an overwhelming or hotly contested legal process can make things worse. Divorce proceedings require negotiation and potential litigation of child custody, spousal and child support, property division, and more.
How Does the Divorce Process Start?
Anyone looking forward to learning what happens after their spouse serves divorce papers should understand how the legal process works. The plaintiff first makes sure they have grounds for the proceeding.
If they do, they must file a "Summons" with the County Clerk's Office. Depending on the case, the plaintiff may be able to do this online.
It's worth noting people can file a "Summons with Notice" or "Summons with Complaint," depending on the situation. After the plaintiff does that, they have to serve the defendant.
What does it mean to serve someone? It's telling them about the divorce and sending them all the documents needed for the process. There are a few considerations to keep in mind about this matter.
The plaintiff can't serve the defendant directly in New York. They must ask someone over 18 years old to do that.
When someone files the documents needed for divorce at the County Clerk's Office, they have 120 days from that date to serve the other party.
If the plaintiff doesn't know where the defendant is and can't find them, they should notify the Court Clerk's Office, or inquire with an experienced attorney about their options. They can also advise how to file for divorce in NY.
Types of Divorce
Divorce proceedings don't always go the same way. There are different types of cases, and depending on them, the next steps of the process change a little.
What makes divorces different is what happens after someone serves the papers. The defendant's response determines everything.
Therefore, later in the blog post, there will be information about what happens after someone serves divorce papers and what to do in each situation. For more information, Albany divorce attorneys may be able to help.
Below, there will be a brief explanation of the two different types of divorces:
Uncontested Divorce
Uncontested divorces happen when the defendant agrees with the claim. When that happens, everything will go as their spouse wants to.
Even if they only have one complaint about the plaintiff's claim, the case would turn into a contested divorce. However, that doesn't mean they can't get to an agreement after that.
If the defendant doesn't answer the plaintiff's complaint, the court will take it as a default. That means it automatically turns into an uncontested divorce.
After the plaintiff gets a default judgment, the defendant can't do anything to reverse it. Something similar happens in other situations, such as personal injury cases.
Contested Divorce
On the contrary, contested divorces are when the defendant doesn't agree with the considerations established in the plaintiff's complaint. When this happens, both parties can negotiate to get to a settlement or take the case to trial.
Anyone trying to contest a divorce after their spouse served the papers should contact a lawyer to help them. They will know the right strategies to try to win the case or get the best outcome possible between the two.
Even if the defendant chooses to contest the divorce, they can go back on their decision later in the legal process.
What Happens After Divorce Papers Are Served in New York?
Losing a divorce case can bring many problems to the table. It could represent giving a lot of money on spousal support or losing child custody. That's what makes this process so overwhelming.
The next steps after facing a divorce complaint determine how the case will go. Therefore, it's fundamental to hire a divorce lawyer to help with the process right after that happens.
When the plaintiff serves the divorce papers, the defendant has 20 days to file an answer. That's more than enough time to hire an experienced lawyer to help. They will understand the situation and schedule a free consultation as soon as possible.
That being said, this is what happens after divorce papers are served in New York:
In Uncontested Divorces
If the defendant agrees with everything the plaintiff says, they must sign the "Affidavit of Defendant" that should be in the served divorce papers. It's important to carefully read the "Summons" before completely accepting the spouse's terms for divorce.
After signing the "Affidavit of Defendant," the party should complete the other forms and documents included in the divorce papers. The "Note of Issue" should be there.
Plaintiffs have to file all those papers at the Supreme Court Clerk's Office or Clerk's Office. People going through a divorce process should ask their lawyer which option to go for since it changes depending on the county where the case happens.
As for the court fees needed for the case, it's better to discuss them with the divorce attorney. They will explain everything to their client.
These proceedings end when the judge signs the Judgement of Divorce. Both parties will receive a copy of this document. In some counties, the court will mail this to them. However, they will have to pick it up in others.
Apart from the copy of the Judgement of Divorce, the defendant needs to fill another "Affidavit of Service."
If the case includes child support matters, a family court will have to take the matter. Filing the papers at the wrong place will bring problems later in the process.
In Contested Divorces
Things change a lot when dealing with contested divorces. Here, the process becomes much longer, so both parties must be prepared for that.
If the defendant doesn't agree with the verified complaint the plaintiff filed, they must serve them with the "Answer," which is a formal document with their counterarguments. When that happens, the matter automatically turns into a contested divorce.
After the plaintiff receives the defendant's response and handles all the necessary paperwork, both parties enter the discovery phase. There, they share evidence and other legal documents relevant to the case.
The idea of this part of the process is to have all the information they need to find a settlement agreement. Thus, the next step is to negotiate with the other party.
If the defendant and the plaintiff agree on a settlement, they just have to formalize it and file all the information about the agreement with the County Clerk. When the judge approves it, they will send them the signed judgment, and the divorce will become effective.
On the other hand, the people involved in the case will have to go to trial if they don't agree on a settlement. There, their legal teams will have to submit all the evidence they have in court and discuss who should win the divorce.
When the Defendant Defaults
As mentioned before, if the defendant doesn't submit a formal response to the plaintiff's complaint within 20 days, the court will understand that they defaulted. Here, the spouse must wait 40 days from the date they served the other person before doing anything.
When the 40 days pass, the plaintiff must file the other uncontested divorce papers and the "Note of Issue" form in the New York State County Clerk. The rest of the process will happen in the same way as in uncontested situations.
Regardless of that, even if the defendant never answers the complaint, the divorce will only be official after the judge issues the final judgment. Until that happens, the process is still open.
Final Thoughts
Ideally, a divorce case should end with an agreement between the defendant and the plaintiff. That makes the process less overwhelming and ensures both parties get what they need. However, things are not always like that, and it's important to be prepared for those situations.
People looking forward to contesting a divorce need help from a professional attorney. They will guide them throughout the process and explain how the judicial intervention works. Divorce and Family Legal can also advise on how to respond to divorce papers without an attorney in NY.
After someone is served with divorce papers, they must send the plaintiff an "Answer" and get into the discovery phase. Besides that, both will discuss the details of the case and try to get to an agreement.
If the plaintiff and the defendant fail to agree on a settlement, the case will go to trial. Thus, it's essential for the parties in the case to get enough evidence before the negotiations start.
The best way to get the upper hand in a divorce case is to hire a skilled and experienced lawyer. Divorce & Family Legal works in Albany, New York.
This law firm works with experienced attorneys who will do everything they can to win their client's trial. Apart from divorce proceedings, this company also takes personal injury and family law cases.