What the opening papers look like
In many states the opening document is a petition, and the spouse who files is the petitioner. New York starts a divorce differently, with a summons filed in Supreme Court, accompanied either by a short notice of what is sought or by a full verified complaint. The papers are then served on the other spouse, usually by personal delivery, within a set time after filing. Filing first does not usually give anyone a meaningful advantage on the merits, though it can matter for which court hears the case when spouses live in different places. If your spouse may already have filed in another state, tell your lawyer before a case is started here.
What service sets in motion
In New York, automatic orders bind the filing spouse when the case is filed and the other spouse once served, generally restricting both from moving significant assets or changing insurance coverage while the case is pending. The served spouse has a limited window to respond, and missing it can allow the case to move forward without them. If you have been served, note the date and how you received the papers, keep everything you were handed, and stay off social media about the case. If you plan to file, gather your marriage certificate and an address where your spouse can be personally served.
Decisions in the first conversation
If you have been served, the first priority is the response deadline and whether you need to file an appearance, an answer, or a request for temporary relief. If you are the one filing, we discuss whether a summons with notice or a full complaint suits your situation and whether anything should be asked of the court right away, such as temporary support. We also ask about safety and whether an order of protection is needed. Bring the papers you have received or drafted, and the dates on which anything was filed or delivered.
