ANATOMY OF A TYPICAL DIVORCE ACTION IN WESTCHESTER COUNTY

  1. In cases where both parties have attorneys and the negotiation process breaks down, the divorce will be started by the filing of a Summons with Notice or a Summons and Complaint.
  2. In cases where the plaintiff, the person who brings the action, does not want to attempt negotiation, the divorce will be started by the filing of a Summons with Notice or a Summons and Complaint.
  3. In both instances, the defendant, the person against whom the action is brought, will have to be served with the Summons with Notice or Summons and Complaint.
  4. If the defendant hires an attorney, or decides to appear without an attorney, the divorce will then follow a strict set of rules with specific time frames.
  5. You will not see a judge immediately. You will first see someone called an attorney-referee who will meet with the parties and their attorney(s) to set a time table for the case to ensure that documents are exchanged and to attempt to help the parties reach an agreement.
  6. If there continues to be no agreement, the divorce will be scheduled for a trial before a judge.
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