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New York StateUnified Court System

Contested Divorce


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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.


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.


A Statement of Net Worth must be exchanged and filed by the parties no later than 10 days prior to the Preliminary Conference. Refer to Uniform Rule 202.16 (f)(1) for other papers to be exchanged.

A Preliminary Conference must be held within 45 days of assignment of the case to a Judge. The parties must be present at the conference.

A Compliance Conference shall be scheduled, unless the Court dispenses with it based upon Stipulation of Compliance filed by the parties. The parties must be present at the conference unless otherwise advised by the Court.

Discovery is to be completed, the Note of Issue filed and a Trial Date scheduled no later than six months from the date of the Preliminary Conference.

The case will be completed and disposed of by either a Settlement or a Trial/Inquest.

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.


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