This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
The Verified Complaint is the document your spouse and your spouse's lawyer have written up to give to the court to explain why he or she should be given a divorce from you. In New York State, because of the way the laws are written, you must have “grounds” in order to get divorced.
If everything is agreed upon upfront between you and your spouse, an uncontested divorce could be finalized within 3 to 6 months. However, if there are disputes over things like property, finances, or child custody, your divorce could easily drag the process out for over a year.
Some uncontested divorces are resolved as quickly as six weeks, while others can take six months or more. Since New York does not have a waiting period, a divorce that both parties agree on takes roughly 3 months for the papers to be filed with the court.
In New York State, the average duration for divorce is 9.5 months. The national average is 11 months. There is no official waiting period for New York State, but there are specific reasons why a court will not immediately hear your case.
Filing the Divorce Papers The divorce process begins with the filing of a "Summons with Notice" or a "Summons and Complaint." These documents are filed with the Nassau County Clerk's Office.
The average timeline for a divorce in New York is approximately 9.5 months. As compared to the national average of 11 months, New York generally has a fast process. The reason for the quicker timeline is New York's decision to forego a waiting period prior to a divorce.
A Complaint for Divorce or Filing for Divorce is the formalized process of filing paperwork such that legal and factual issues maybe set forth and later addressed at trial, if necessary.
Stay calm. Talk to your spouse. Try to understand what made your spouse come to this decision. Talk about how you will pace yourselves as you move toward divorce. Consider nesting for a period of time if you have children. Discuss a non-adversarial process. Accept and let go.
New York state law requires that the defendant in a divorce action be personally served with the Summons with Notice or Summons and Verified Complaint.