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How To Start Divorce Proceedings In Suffolk County, N.Y.
If you or your spouse lives in Suffolk County, New York, you can get divorced in that county. The following is a step-by-step guide on to how to start divorce proceedings in Suffolk County.
There are two different methods for starting a divorce. Both are very similar, but, there is an important difference.
Method # 1:
1. Complete a “Summons With Notice”. A sample Summons With Notice can be found on the New York State Unified Court System’s website: www.courts.state.ny.us. Click on the link that says: “Forms & Fees”.
2. Complete the “Notice of Automatic Orders.” A sample form can be found on the Court’s website.
3. File the “Summons With Notice” and the “Notice of Automatic Orders” with the County Clerk’s office. You will need to pay a fee of $210.00 to obtain an “Index Number”. Make sure you take a copy of the documents and have them stamped by the clerk’s office to prove that you filed the Summons With Notice and the Notice of Automatic Orders and that you paid the fee.
4. Write the Index Number and the date you filed the documents on the first page of the Summons With Notice and the Notice of Automatic Orders.
5. Serve the Defendant with the Summons With Notice and the Notice of Automatic Orders. I highly recommend hiring a Process Server to serve the defendant. Please note that you cannot serve the defendant.
6. Obtain the Affidavit of Service from the Process Server
Method #2: Is the same as Method #1; however, instead of a “Summons With Notice” you will file a “Summons” AND a “Verified Complaint”. You will need to complete the Verified Complaint with certain information regarding your divorce. In addition, wherever you see “Summons With Notice”, substitute “Summons” AND a “Verified Complaint”.
Congratulations, you now know how to start a divorce action in Suffolk County. However, you should be very careful about doing this yourself. If you fill out an Incorrect Summons With Notice, Summons or Verified Complaint or do not put in the appropriate information in these documents, you could be seriously effecting your divorce.
Accordingly, you should hire an attorney to file your Summons With Notice, Summons and Verified Complaint. If you are getting divorced, then call the Badanes Law Office. The Badanes Law Office has represented countless clients in their divorce and they can help you as well. If you are contemplating divorce, call David Badanes and the Badanes Law Office today at: (631) 430-4445 or email at: david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.
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