Legal Question in Family Law in New York

The person filing for a divorce has petitioned the court for a divorce.

The matter before the court is an action for a divorce.

After you file your petition for a divorce you must serve the defendant with a copy of your complaint.

With regard to the judge's instructions to proceed, I am not sure what you mean by this statement.

Did the defendant appear in court in response to the divorce complaint?

Did the judge ask for proof of service from the plaintiff's attorney?

Patricia Martin-Gibbons

I think you are getting too caught up in legalese. Simply stated, there is only an action for divorce. This is commenced by filing a Summons that has the words "Action for Divorce" together with either a notice or a complaint.

You have to first file the Summons and obtain an index number before you serve a copy of the pleadings on the defendant.

Mike.