WomensLaw serves and supports all survivors, no matter their sex or gender.

Hotline

Divorce

What divorce papers do each of us SIGN? (NY-specific)

NOTE: THIS IS NY-SPECIFIC
Although I do not have specific knowledge about divorce filings, I consulted with an attorney at a NYC non-profit who has handled divorces.  She explained the process to me as follows:

The person who files for divorce (Plaintiff) signs the Summons with Notice or the Summons and Complaint as the initial papers. (There is more to sign later in the final documents.)  After either Summons is filed, the plaintiff serves it on other spouse (the Defendant).  The plaintiff also can serve the other side with the Defendant’s Affidavit. The Defendant then has three options: 1) s/he can answer by filing a Notice of Appearance, 2) default by not appearing and 20 days lapses from the time s/he is served or 3) s/he can sign the Defendant’s Affidavit, which basically states s/he acknowledges and waives his/her rights and agrees to the terms of the divorce.

If you need a further explanation or you want help filing for the divorce, here is a link for attorneys in NY, some of which are free or low-cost: http://www.womenslaw.org/gethelp_state_type.php?type_name=Finding%20a%20…

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.