Legal Question in Family Law in New York

Filing divorce papers at court

I live in Florida. Spouse is in New York. I have completed Package B: Petition for Dissolution of Marriage With No Minor Children or property Form 12.901 (b)(3). I have address of process server in New York. Do I submit papers with court fee at this time, or must spouse be served and respond before I pay the court?


Asked on 11/14/07, 7:48 pm

3 Answers from Attorneys
Stanley Miller Stanley M. Miller, P.A.

Re: Filing divorce papers at court

The papers need to be filed first and a case number obtained. They would need to be served by the sheriff's office in that county in New York.

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Answered on 11/15/07, 8:27 am
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Filing divorce papers at court

You should have the Pro Se package from the Supreme Court and that should include the instructions. You should contact an attorney for the Uncontested Divorce. Fees are reasonable for Uncontested Divorces and saves you a lot of time and mistakes.

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Answered on 11/14/07, 8:06 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Filing divorce papers at court

You must apply for and pay for an Index Number (need the form) which then must be written on the summons/complaint BEFORE it is served on your spouse.

Filing the summons/complaint commences the lawsuit so serving him BEFORE you do that is invalid.

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Answered on 11/14/07, 10:19 pm


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