Understanding what a divorce complaint is and the importance of its role in a divorce case is crucial when taking legal action to end your marriage. If you have questions or concerns about the legal process, continue reading and speak with a skillful Brookhaven divorce lawyer to set up your free consultation today.
What is a Divorce Complaint in NY?
The divorce complaint is one of the most important documents involved in the termination of a marriage. Once you decide that your relationship is over, the first thing you need to do to initiate legal proceedings is to fill out a complaint for divorce, file it with the court, and serve it to your spouse.
A divorce complaint is a document that outlines the basic information relevant to the divorce case. It is designed to provide the court with important context regarding the marriage, why it is ending, and the desired outcome of the case. It also serves as a way to ensure the other spouse is made aware of their partner’s intent to end the relationship.
The divorce complaint generally includes the following information.
- Personal information and contact details of you and your spouse
- Information about when and where you were married
- Information about shared minor children
- The legal reasons or grounds for divorce
- The relief requested regarding the division of marital property, debt allocation, child custody, spousal support, and more
How Long Does My Spouse Have to Respond?
You must serve your spouse with a Summons and Complaint, which allows them insight into why you are filing for divorce and the terms that you have requested. Your spouse, in this case known as the Defendant, has 20 days to issue a response to the divorce papers. The deadline is extended to 30 days if they are served with the papers outside of the state of New York.
Your spouse generally has three options when responding to a complaint.
- Accept the terms: Your spouse can sign and return the papers without issue, meaning that they accept all of the terms that you requested. Your case will then be considered an uncontested divorce.
- File a Notice of Appearance: Your spouse can also disagree with one or more terms and request an appearance to present their side of the situation and argue for what they want. This is known as a contested divorce.
- Do nothing: Some people either neglect to respond or believe that they can stop the divorce from proceeding by refusing to file an answer. However, if the Defendant does not issue a response, the court has the authority to issue a default judgment and will likely consider the case uncontested.
Whether you filed for divorce or were the recipient of the summons and complaint, it is important that you fully understand your legal rights and obligations. Work with an experienced attorney at Peter V. Mandi & Associates, Inc. for legal advice during your case.
