Brooklyn, NY – All civil cases have various procedural aspects that must be followed by both the plaintiff and the defendant. This is true even in divorce cases, where there are certain documents that must be filed and a response needs to be given within a defined timeframe. At the start of any divorce case, the spouse who is the plaintiff must serve the other spouse a copy of a summons and a complaint.
Definition of the complaint
The complaint is the document which can give the legal grounds or reasons for the divorce. In the case of a no fault divorce, the document only has to allege that the marriage has broken down. If there is a fault based divorce, the complaint will give more details about adultery, abandonment, domestic violence, or other facts that support the grounds for divorce. Complaints are used in other civil cases as well, and they have a similar function where they outline the reason the defendant is being sued and the try of relief that the plaintiff wants.
A summons is essentially a kind of notice to appear in court. The person who is named in the summons must be personally served with the documents by an independent party, in order to ensure their presence during any required court dates. The court will also receive confirmation that the defendant was given the document and is aware that their presence is required. The summons also contains any required dates for court appearances or responses.
In most cases, a person who is suddenly given a divorce summons without prior notice will want to retain an attorney to handle their response. This is because the response to a lawsuit can have important effects on the case at various other times during the litigation.
Getting help from a divorce attorney after being served
Legal help is necessary to evaluate the information that is contained in the summons and complaint, and prepare for the divorce case. The attorney can also help the person who has been served make important financial decisions and prepare for the divorce litigation in other ways.
Learning more from a local family lawyer
Elliot Green Law Offices is a trusted family law practice that works with local clients in Brooklyn and nearby parts of New York. Anyone who needs to speak with an attorney about a divorce can contact the firm for immediate assistance.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201