How do I start a divorce case?

How Do I Start a Divorce Case?

NYC custody attorney To get a divorce you need to start out by buying an index number at the County Clerk’s office in the county where you or your spouse resides. Next, you file a summon with notice for divorce and/or a summons with notice and verified complaint. Make sure you bring your filing fees with you in the form of a money order, no personal checks if you are a pro se litigant. There are age restrictions also. You serve your spouse with what you filed with the court. The person who performs the service of process must be over the age of 18.

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You can find out more information on filing fees by going to the New York government web site. There you can find do it yourself forms. However, it is advisable to speak to a New York Divorce attorney before trying to file for a divorce on your own. If there are children or property or pensions to distribute or if you are in need of spousal support or child support it is a difficult process to go through without advice of counsel.

What if I cannot locate my spouse to have him personally served?

This is a frequently asked question. In that instance you must go to court and ask for permission to serve him in a manner other than personal service

Lisa Beth Older, a New York Divorce Lawyer and a New York child custody lawyer serves the following locations: New York City, Manhattan, the Bronx, Brooklyn, New York, and Westchester County

Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. This article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, child custody, child support and orders of protection.