I was served with summons with notice, what should I do next?

Asked about 1 year ago - New York, NY

My wife filed for divorce and I was served with summons with notice. Is by contacting her lawyer considered that I respond within the 20 days period, or am I suppose to do it through the court?

Attorney answers (9)

  1. Morghan L Richardson

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    Contributor Level 13

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    Answered . You need to file a "Notice of Appearance" with the court and affirm that you served that Notice on the other lawyer. Preserve your rights by filing your appearance with the court but don't be afraid to see whether the lawyer might be drafting a proposal to resolve the case. You should hire a lawyer - if you know that the other lawyer is drafting an agreement, tell that to whomever you hire.

  2. David Ivan Bliven

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    Best Answer
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    Answered . Formally, you must file a Notice of Appearance with the court, serve a copy on the opposing attorney and file an affidavit of service with the court that same has been served on the attorney. Some information on divorce cases may be found here: http://www.nycourts.gov/divorce/index.shtml. You're best advised to schedule a consultation with a NYC Divorce attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  3. Daniel Yaniv

    Pro

    Contributor Level 12

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    Answered . Contacting the attorney alone is not a response. You will need to file a Notice of Appearance with the court and serve the Notice on your wife's attorney. Here is sample http://www.nycourts.gov/courts/6jd/forms/SRForm....

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You... more
  4. Jeffrey B. Peltz

    Pro

    Contributor Level 15

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    Answered . Telephone call won't do it. You need to file a notice of appearance with the court and send that to your wife's attorney. If you were served with just a summon with notice and no complaint you should demand the complaint. If you were served with the complaint you need to answer. You would best be served by retaining the services of an experienced divorce attorney.

  5. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need to serve an Answer and you should hire a matrimonial lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  6. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . You should hire an attorney to file a Notice of Appearance - and move through the process.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  7. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Get a lawyer fast. The summons with notice must be responded through the opponent's counsel. It should be challenged because you don't want to lose most of what you own.

    Be smart. Watch out. Good luck.

  8. Dean George Tsourakis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to serve an answer on her attorney and the court. I really recommend you hire an attorney to do it rather than rely on advice from this forum.

  9. Robin Jean Gray

    Pro

    Contributor Level 14

    Answered . You should contact an attorney to enter their notice of appearance and affirm with the court that you were served. The attorney can also assist you with the proposal and the process of the divorce to ensure your rights are protected.

Related Topics

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

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