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Divorce

V was served with summons, never got complaint - wants to file in a different state

THIS IS NY-SPECIFIC: - IT INVOLVES A FL WOMAN WHO WAS SERVED WITH A SUMMONS, SHE FILED A NOTICE OF APPEARANCE AND NEVER GOT A COMPLAINT - SHE WANTS TO PROCEED IN FL:

Thank you for reaching out to us. Although I am not an expert in NY matrimonial law, I contacted a colleague who does divorces in NY – this is what she explained to me. Feel free to confirm it with an attorney who can give you specific legal advice on your situation – we can only provide information, not advice on what is the best course of action.

She says:
There is no time limit for him to serve the complaint but since you filed a notice of appearance and demand for complaint, he should serve a complaint on you to continue the divorce. If he does not serve the complaint on you in a “timely fashion,” (which I know is ambiguous, but there is no specific time limit - a lawyer maybe can advise you on how long to wait), you can either:
1) file a Motion to Dismiss for Failure to Prosecute and get the whole action dismissed from NY and start your own in [YOUR STATE] or
2) you can file a motion asking to dismiss his complaint and permission to file a counterclaim that you can attach as an exhibit. This would keep the divorce in NY.

If you want to move forward in [YOUR STATE], you have to first get this action dismissed in NY. Then you could file in [YOUR STATE]

If you think that there is a possibility that he may try to not serve you the complaint (but lie and say that he did) and then go to court and say you haven’t responded to his complaint, you may want to check in with the clerk’s office periodically and give them the index number on your case and ask if a complaint was ever filed.

Here is more information on divorce in both states: LINK

Here too are legal referrals in each state: LINK

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