Legal Question in Family Law in New York
Forms to File
I purchased an index # to commence a divorce case. I submitted FORM UD-1, (SUMMONS W/NOTICE).
I was supposed to submit UD-1A, (SUMMONS W/VERIFIED COMPLAINT) as the marriage was performed by a clergyman.
I have not yet had the defendant served. WHAT DO I DO? DO I HAVE TO REFILE & GET A NEW INDEX #, WITH THE PROPER FORMS?
THANK YOU
2 Answers from Attorneys
Re: Forms to File
In NY, you have 120 days in which to serve the defendant from the date of commencement, i.e., the date you filed the summons and purchased the index number. You do not have to start over again; just add the complaint.
Since you seem to be blocked at an early stage of the case, I strongly suggest that you retain counsel to represent you. Matrimonial practice is full of traps and pitfalls for the unwary.
Hope this helps.
www.BravermanLawFirm.com
Re: Forms to File
There is no reason to file a summons with verified complaint at this stage in the proceedings. The Summons with Notice will suffice, and then you can serve the Verified Complaint separately.
You would be well served to consult with legal counsel as these matters can be complex and understanding of every aspect of this type of law is too important to try and handle without professional help. Good luck!
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