Reading what you were served
Many states call the opening document a petition; in New York, a divorce begins with a summons filed in Supreme Court, served with either a complaint or a notice describing what is being sought. Look closely at the relief requested, which may include property, support, custody, exclusive use of the home, and attorney's fees. New York papers usually include a notice of automatic orders that generally limit both spouses from moving assets or changing insurance while the case is pending, and those orders apply to you once you are served. The time to respond is short and depends on how the papers were delivered. If no response is made, your spouse may ask for a divorce on default, which can include terms you never had a chance to dispute.
Forms a response can take
A response is not always a full answer. In New York it can be a notice of appearance, a demand for the complaint when only a summons with notice was served, or an answer that admits or denies the allegations and may raise counterclaims of your own. If you agree with the divorce and the terms, an uncontested route may be available through signed paperwork rather than contested pleadings. Some objections, such as defects in service or a lack of personal jurisdiction, can be lost if they are not raised at the start. Keep the envelope or papers exactly as you received them, and note the date and manner of delivery.
Decisions to make right away
When we first meet, we confirm the response deadline and decide which form of response fits. We also consider whether you want to raise issues of your own, such as temporary support, parenting time, or who stays in the home while the case runs. If there are children, we discuss interim arrangements so that routines are not left to chance. A sworn statement of net worth will usually be required in a contested case, so we talk about the financial records to start collecting. If you have already missed the deadline, tell us promptly, since a default can sometimes be undone but the effort grows harder over time.
