Verified Complaint Form File For Divorce In Queens
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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.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
If you were divorced in New York there should be a case that was filed in Supreme Court. You can use the e-courts feature on the NYS courts website to search under your name to see if a case comes up.
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.
There are seven grounds, legally acceptable reasons, for a divorce in New York State: Irretrievable breakdown in relationship for a period of at least 6 months. Cruel and inhuman treatment. Abandonment. Imprisonment. Adultery. Divorce after a legal separation agreement. Divorce after a judgment of separation.
A divorce or legal separation case begins when the plaintiff the party who starts the court case files a formal complaint at the courthouse. The defendant, the other party, may answer within 28 days. If an answer is filed, the case is contested. If the defendant does not file an answer, the case is uncontested.
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.
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.
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that: The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
