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NY-specific: V buys index #; asks how long she has to file rest of paperwork

I heard back from one of the matrimonial attorneys who I reached out to in order to get some more information regarding timeframes within NY divorces. Although I do not know the specifics of your situation, she mentioned a few different scenarios where the timeframe for filing comes up. In general, if the divorce is going to be contested by the other spouse, s/he would file a “Notice of Appearance” and could may also file a Demand for Complaint. If the divorce is uncontested, the other spouse may sign a Defendant’s Waiver or, if s/he has not filed any papers within 21 days of receiving the Summons With Notice, then the plaintiff who filed the initial divorce has 1 year to file the necessary paperwork with the court to get the case moving. If the plaintiff does not file the proper paper work within 1 year of the initial filing and purchase of the index number, s/he may have to make a motion (file legal papers) for late filing after that timeframe.

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