marriage certificate ripped

Divorce is an understandably uncomfortable process for you and your spouse to go through. But one of you must take the initiative and file, or else you may just be delaying the inevitable. With that being said, please continue reading to learn what is expected to happen after divorce papers are served and how an experienced Manhattan divorce attorney at Zimmet Law Group, P.C. can help you navigate this uncharted territory.

Does it matter who serves divorce papers?

Legally, you cannot physically hand your spouse your divorce papers, or vice versa. Rather, a neutral third party must be employed to do so. Your options here are a neutral family member who will remain unaffected by the final judgment of divorce; an agent of one of your divorce attorneys; a representative from the sheriff’s office; a paid process server; or a court-ordered individual.

On a similar note, it is worth mentioning that it does not necessarily matter who serves divorce papers first. This is because the New York State Family Court may not consider this a determining factor in their final judgment on divorce-related terms (i.e., alimony, child custody, child support, property division, and more). The only reason you may have a preference is because the spouse who files will become the plaintiff of the divorce proceedings, while the one who is served will become the defendant.

What is supposed to happen after divorce papers are served?

For explanation purposes, say that you are the one who decides to file for divorce first. Well, in this case, you must fill out and file a Divorce Complaint with the family court in the New York county where you currently reside. Or, if you have not lived within state borders since your separation, you may file with the court in your spouse’s county of residence. At any rate, you may be expected to serve your spouse with a copy of the Divorce Complaint, along with a Summons and Initial Notice of Hearing, soon afterward.

Once your spouse is officially served with these divorce papers, they may be expected to respond to the court within 20 days, or 30 days if served outside the state. With this, they may respond by either filing an answer (i.e., contest), an answer and counterclaim (i.e., contest and state separate divorce grounds), or an appearance (i.e., request a hearing in front of the court).

Importantly, if your spouse misses this deadline, your divorce may be granted without their agreement. In other words, the court may rule in your favor, based on your disclosed preferences within the Divorce Complaint, by default. It may be very difficult for your spouse to successfully vacate a default judgment at this point.

Whenever you are ready, please get a hold of one of the skilled New York City matrimonial and family law attorneys. Someone at Zimmet Law Group, P.C. will be patiently awaiting your phone call.