Legal Packet

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NEW YORK )

) ss.

[COUNTY] COUNTY )

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[PLAINTIFF FULL NAME],

Plaintiff,

v.

[DEFENDANT FULL NAME],

Defendant.

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SUMMONS AND COMPLAINT FOR DIVORCE

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

Index No.: _______________

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TO THE ABOVE NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve

a copy of your Answer on the Plaintiff's attorney within twenty (20) days after

the service of this Summons, exclusive of the day of service. In case of your

failure to appear or answer, judgment will be taken against you by default for

the relief demanded in the Complaint.

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COMPLAINT FOR DIVORCE

COMES NOW Plaintiff, [PLAINTIFF FULL NAME], by and through undersigned counsel

or pro se, and files this Complaint for Divorce, and in support thereof states

as follows:

JURISDICTION

1. Under N.Y. Dom. Rel. Law § 231, "If a married person dwells within the state

when he or she commences an action against his or her spouse for divorce,

annulment or separation, such person is deemed a resident thereof, although

his or her spouse resides elsewhere."

1. Plaintiff has resided in the State of New York for at least one (1) year

immediately preceding the filing of this Complaint.

1. Plaintiff resides at [ADDRESS], [CITY], NY [ZIP], in [COUNTY] County,

New York.

1. Defendant resides at [ADDRESS], [CITY], NY [ZIP] [or: location unknown].

1. This Court has jurisdiction over the subject matter and the parties.

PARTIES AND MARRIAGE

1. Plaintiff, [FULL NAME], is an adult resident of [COUNTY] County, New York.

1. Defendant, [FULL NAME], is an adult [residing at the address stated above /

whose current address is unknown to Plaintiff].

1. The parties were lawfully married on [DATE] in [CITY], [STATE].

1. [If applicable:] The parties have [NUMBER] minor child(ren) born of the

marriage:

GROUNDS FOR DIVORCE

1. Under N.Y. Dom. Rel. Law § 170, "An action for divorce may be maintained by

a husband or wife to procure a judgment divorcing the parties and dissolving

the marriage on any of the following grounds..."

1. Plaintiff seeks a divorce on the following ground:

[Check one:]

[ ] Irretrievable Breakdown (No-Fault): Under N.Y. Dom. Rel. Law § 170(7),

"The relationship between husband and wife has broken down irretrievably

for a period of at least six months, provided that one party has so

stated under oath."

The marital relationship between Plaintiff and Defendant has broken

down irretrievably for a period of at least six (6) months. Plaintiff

states under oath that the marriage is irretrievably broken.

[ ] Cruel and Inhuman Treatment: Under N.Y. Dom. Rel. Law § 170(1), "The

cruel and inhuman treatment of the plaintiff by the defendant such that

the conduct of the defendant so endangers the physical or mental well

being of the plaintiff as renders it unsafe or improper for the plaintiff

to cohabit with the defendant."

[Describe specific acts of cruel and inhuman treatment:]

[ ] Abandonment: Under N.Y. Dom. Rel. Law § 170(2), "The abandonment of

the plaintiff by the defendant for a period of one or more years."

Defendant abandoned Plaintiff on or about [DATE] and has remained absent

for more than one year.

[ ] Separation Agreement: Under N.Y. Dom. Rel. Law § 170(6), the parties

have lived separate and apart pursuant to a written agreement of

separation for one or more years. A copy of the separation agreement

is attached hereto as Exhibit A.

STATEMENT OF FACTS

1. [Describe the history of the marriage, including: date of marriage,

separation date, reasons for divorce, current living arrangements, etc.]

1. There is no reasonable hope or expectation of reconciliation between the

parties.

EQUITABLE DISTRIBUTION

1. Under N.Y. Dom. Rel. Law § 236(B), New York is an equitable distribution

state. Marital property shall be divided equitably between the parties.

1. The parties acquired the following property during the marriage:

Real Property:

[List or state: None / To be determined]

Personal Property:

[List or state: None / To be determined]

Retirement Accounts/Pensions:

[List or state: None / To be determined]

Debts and Liabilities:

[List or state: None / To be determined]

1. Plaintiff requests that the Court equitably distribute the marital property

in accordance with New York law.

SPOUSAL MAINTENANCE

1. [If seeking maintenance:] Plaintiff [is / is not] seeking spousal maintenance.

[If seeking:] Plaintiff requests maintenance in the amount of $[AMOUNT] per

month for [DURATION] because: [Describe need and other party's ability to pay]

CHILD CUSTODY AND SUPPORT

[Complete this section if there are minor children]

1. Under N.Y. Dom. Rel. Law § 240, the court shall enter orders for custody

and support as justice requires, having regard to the best interests of

the child.

1. Plaintiff requests the following custody arrangement:

[Describe proposed legal and physical custody, residential schedule]

1. Plaintiff requests that child support be established in accordance with

the New York Child Support Standards Act.

1. Plaintiff's gross annual income: $[AMOUNT]

Defendant's gross annual income (to the extent known): $[AMOUNT]

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a) Grant Plaintiff a Judgment of Divorce dissolving the marriage;

b) Equitably distribute the marital property;

c) [If applicable:] Award Plaintiff spousal maintenance in the amount of

$[AMOUNT] per month;

d) [If applicable:] Award custody of the minor child(ren) as requested;

e) [If applicable:] Establish child support in accordance with the New York

Child Support Standards Act;

f) Award Plaintiff costs and attorney's fees; and

g) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PLAINTIFF FULL NAME], affirm under the penalties of perjury pursuant to

N.Y. Penal Law § 210.45 that the foregoing is true and correct to the best of

my knowledge, except as to matters alleged on information and belief, which

I believe to be true.

Dated: _____________, 20___

______________________________

[PLAINTIFF SIGNATURE]

[PLAINTIFF FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Supreme Court of New York - [County] County

Court: Supreme Court of New York, [County] County

Address: [County Courthouse Address]

Filing Fee: Approximately $210 (varies by county)

Fee Waiver: Request "Poor Person Order" from clerk

Required Documents:

1. Summons with Notice OR Summons and Complaint (this document)
2. Verified Complaint for Divorce
3. RJI (Request for Judicial Intervention) - approximately $95
4. Financial Disclosure Affidavit (if requesting maintenance or child support)
5. Settlement Agreement (if seeking divorce based on separation agreement)
6. Filing fee or fee waiver request

Service:

After filing, Defendant must be served with:

• Summons and Complaint
• Any other filed documents

Service must be completed within 120 days of filing. Options:

• Process server
• Sheriff's deputy
• Certified mail with return receipt (limited circumstances)

Grounds for Divorce in New York:

1. Irretrievable Breakdown (No-Fault) — Marriage broken for at least 6 months
2. Cruel and Inhuman Treatment — Physical or mental abuse
3. Abandonment — One year or more
4. Imprisonment — Three or more consecutive years
5. Adultery
6. Separation Judgment — One year after judgment
7. Separation Agreement — One year after signed agreement

Court Locations by Major County:

• New York County (Manhattan): 60 Centre Street, New York, NY 10007
• Kings County (Brooklyn): 360 Adams Street, Brooklyn, NY 11201
• Queens County: 88-11 Sutphin Boulevard, Jamaica, NY 11435
• Bronx County: 851 Grand Concourse, Bronx, NY 10451
• Richmond County (Staten Island): 26 Central Avenue, Staten Island, NY 10301

Legal Aid Resources:

• Legal Aid Society (NYC): (212) 577-3300
• LawHelpNY: https://www.lawhelpny.org
• NYC Bar Legal Referral Service: (212) 626-7373
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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