Summons with notice OR Summons & complaint?

[Virtual_Ron]

Greetings!

I live in NY State (Not NYC).

I'm starting a Uncontested Divorce.

Got the Uncontested Divorce Packet from the court and am doing this myself.

My question is: It says to server the defendant a "Summons with Notice", OR a "Summons" AND a "Verified Complaint".

Either / OR???

Can anyone tell me which one to use, or whats the difference?

Thanks a bunch. I wanna get the party started!!!

Ron

 

[Grace_Adler]

OK, I'm not 100% sure about this but I think most people go with the Summons and the Complaint together. I'm not sure what the Summons with Notice is. Sounds like you can do one or the other though.

I think the way the Summons and Complaint is done is you have to send a summons to the soon to be ex. When the other page to the summons is returned showing it was recieved you can get a court date. I believe you can serve it in person or both of you can go to the courthouse and show that it's being served and turn it in so you can get a courtdate. The Complaint is for you if you're the one initiating the divorce. It will tell the grounds for divorce (example, based on 1 year seperation) make sure it states specifics about custody, support and visitation if there are children involved. Don't know if you want to mention anything about assests or not. I don't really know what else it would cover. Then an Answer will also be drawn up, covering the same things as the Complaint and that one will be for the defendant to sign. After that, I'm not really sure what you do with those. I guess you file them with the Summons. I'm sure someone at the courthouse could tell you.

Anyway there are some Do It Yourself Divorce books out there. I can also give you some sites that may help you.

Sorry I couldn't be more helpful.

http://www.divorcenet.com
http://www.deltabravo.net
http://www.prairielaw.com
http://www.alllaw.com
http://www.findlaw.com