How to Start a Divorce Case in New York

Authored by: Jordan Trager

The first step in getting a divorce is filing a Summons with Notice for a divorce action. Your divorce attorney will prepare your document and then an index card number will be assigned to your case from the County Clerk’s office. Following that, the Summons will be served on your spouse. Once the spouse is served, an Affidavit of Service will be filed with the County Clerk’s office.

When filing for divorce in New York, a document called a Notice of Automatic Restraining Orders will accompany the Summons. This document bans spouses from transferring assets, terminating insurance, or making other prohibited financial transactions. It is advisable to retain a competent attorney who will make sure you comply with all the Orders of the Summons while also protecting your best interests.

Before filing in court, many parties choose to attempt an out-of-court settlement. Again, it is important to consult with an attorney in order to discuss negotiation strategies. Oftentimes, an attorney will contact the opposing spouse’s attorney to discuss a settlement before litigating. This approach can lead to a more amicable result as well as a less costly one.

There are many ways that a divorce can be approached reasonably, peacefully and inexpensively. It is always advised to arrange a consultation with a knowledgeable attorney who can explain these various options.