Contested Divorce | New York Courts

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About Contested Divorce

Your divorce will be contested if either you or your spouse:

Do not want to get a divorce
Disagree about the grounds (legal reasons) for the divorce
Disagree about what will happen with your children, your finances, or your property after the divorce

Because the judge will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to the Supreme Court numerous times. If your divorce will be contested, you should seriously consider finding a lawyer to represent you.

You might want to consider divorce mediation or collaborative family law.

Contested Divorce Timeline

View timeline as a flowchart

1. Pre-Request for Judicial Intervention (RJI)

The Plaintiff files either a Summons and Verified Complaint or a Summons with Notice with the County Clerk's Office.

The Plaintiff then has the Defendant served with the Summons and Verified Complaint or Summons with Notice within 120 days of filing.

2. Request for Judicial Intervention (RJI) Filed

Was there a Notice of No Necessity filed by both parties?

If no, the Request for Judicial Intervention (RJI) must be filed in Supreme Court by the Plaintiff within 45 days from service of the Summons and Verified Complaint or Summons with Notice.

If yes, the Request for Judicial Intervention (RJI) must be filed in Supreme Court by the Plaintiff within 120 days from service of the Summons and Verified Complaint or Summons with Notice.

NYCRR § 202.16(d)

3. Statement of Net Worth

A Statement of Net Worth must be exchanged and filed no later than 10 days prior to the preliminary conference.

Refer to NYCRR § 202.16(f)(1) for other papers which the court directs to be exchanged.

NYCRR § 202.16(f)(1)

4. Preliminary Conference

A Statement of Net Worth must be exchanged and filed no later than 10 days prior to the preliminary conference.

A preliminary conference must be held within 45 days of judicial assignment (RJI filing date).

NOTE: Parties must be present, and the judge shall address the parties.

NYCRR § 202.16(f)(1)

5. Compliance Conference

A compliance conference shall be scheduled unless the court dispenses with it based upon a stipulation of compliance filed by the parties.

NOTE: Parties must be present unless otherwise advised by the court, and the judge shall address the parties.

NYCRR § 202.16(f)(3)

6. Discovery

Discovery shall be completed and a Note of Issue filed no later than 6 months from the date the preliminary conference was held unless otherwise shortened or extended by the court dependent upon the circumstances.

NYCRR § 202.16(f)(2)(iv)

7. Disposition and Post-Judgment Activity

The case will be completed and disposed of by either a Settlement or a Trial/Inquest (a trial shall be scheduled no later than 6 months from the date the preliminary conference was held).

Once there is a signed Judgment of Divorce filed and entered in the County Clerk's Office, any other activity (motions, etc...) would be considered Post-Judgment.

NYCRR § 202.16(f)(3)