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Served divorce papers NYC.

Discussion in 'Divorce, Separation, Annulment' started by RobNYc, Jan 24, 2019.

  1. RobNYc

    RobNYc Law Topic Starter New Member

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    Jurisdiction:
    New York
    I was served divorce papers, I would like to request time to find a lawyer. How do I do this in NYC? I was married in Manhattan. I don't see a court date in the papers that I was served.
     
  2. Disabled Vet

    Disabled Vet Active Member

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    The ostrich-like tactic of burying your head in the sand never works in a divorce situation. Depending on the extent of your marital property and whether you have children, ignoring a divorce summons in New York can cause big problems you can’t easily undo. New York law makes it relatively simple for your spouse to go ahead and get a divorce without your cooperation.

    After your spouse files for divorce, she has four months to officially have the documents served on you. In New York, if you don’t agree to accept the papers and sign for them, this usually means a process server will deliver the papers to you personally. Your spouse’s papers will include the summons, telling you of your right to respond, and either a notice or a verified complaint. A notice is a condensed version of the complaint, telling you that your spouse has filed and what she’s asking a judge to award her, such as custody of your children, spousal support and all the marital property.

    After the process server gives you a copy of your spouse’s divorce documents, he will file his own paperwork with the court, confirming the date when he did so. You now have 20 days to respond. If your spouse filed in New York, but you don’t also live there, you have 30 days. If you received a notice, you can file a simple document called an appearance, letting the court know you want the opportunity to address the things your spouse has requested. If she filed a complaint, you should speak with a lawyer or other legal professional to draft a verified answer to the complaint, which specifies in detail the things you want the court to give you.

    If you ignore the summons, your spouse can ask the court to enter a default judgment against you 40 days after your time to answer has expired. If you don't act, your spouse will appear before a judge at the end of those 40 days, as soon as the court can schedule a default hearing. She can explain to the judge why she should receive everything she asked for, and because you haven’t participated, the judge will most likely grant her requests. The judge will sign a default divorce judgment. It becomes a final order, possibly denying you custody, visitation rights and your share of marital property, if these are the things your spouse requested.
     
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  3. RobNYc

    RobNYc Law Topic Starter New Member

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    Should I go to the courthouse to file a reply?
     
  4. Disabled Vet

    Disabled Vet Active Member

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    You should seek out a lawyer asap...... so they can handle this issue. Only a fool would walk into a divorce court without a lawyer.
     
  5. RobNYc

    RobNYc Law Topic Starter New Member

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    I agree, Im looking for one
     
  6. zddoodah

    zddoodah Well-Known Member

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    I could be wrong, but my understanding is that, in NY, other than a form to request a case number, nothing actually gets filed with the court until the parties ask the court to take some action. Obviously, the first step in requesting an extension is to call the plaintiff/petitioner's lawyer and ask for one. That said, why isn't the 20 or 30 days you have to respond (as indicated on the summons) sufficient time to find a lawyer?
     
  7. RobNYc

    RobNYc Law Topic Starter New Member

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    I pretty much wake up in the morning, go to work, come home, go right to sleep. I do this 6 days per week. However, I took some time off of work today and just retained a lawyer.
     
  8. army judge

    army judge Super Moderator

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    NYC is a tough town.
    You must be a tough guy.
    You also appear to be a hard working, decent guy, who married the wrong person.
    I wish you well, mate.
     
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  9. RobNYc

    RobNYc Law Topic Starter New Member

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    Thanks,
    I met her in Brazil, drop dead gorgeous. I brought her and her son back to the states, we got married. As soon as we got married things changed. Somehow she knows the system here better than I do.
     
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  10. army judge

    army judge Super Moderator

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    That is exactly what I thought, a scammer.

    Thank your lucky stars that you and she didn't have a child together.

    My advice after decades of practicing law, don't marry anyone from outside the USA these days.

    There was a time that was different, not these days, especially from so many nations on this planet.

    If you were married fewer than 10 years you'll get out of this okay, UNLESS you agreed to sponsor her entry into the USA.

    Work with your lawyer to reduce the burden and pain.

    When you get out of this, I hope you learned your lesson and stay away from grifters!
     

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