However, refusing to sign for the documents does not prevent service. summons with notice (form ud-1): This form is used when commencing an action for divorce without a Verified Complaint. Personal service of the initial divorce papers (summons with notice or summons and complaint) is required by statute. 304. Fillable Printable Divorce Summons with Notice - New York. In the event the plaintiff (person starting the divorce) cannot locate their spouse, they must get permission from the court for an alternate means of service, by filing a motion for such relief. 5. Like all actions, a divorce action is commenced by the filing of a summons and complaint or a summons with notice. The forms are ADA accessible, and you can handwrite or type into the PDF form. If a summons is served without a complaint, the defendant has 20 days to serve a “Notice of Appearance” on the plaintiff, which notifies the court of the defendant’s participation in the court process. Divorce Summons with Notice - New York. The period is 20 days if you obtain "personal service" on them. C.P.L.R. The proper name for a divorce is "An action for a divorce." 1 SUPREM E COURT OF THE STATE OF NEW YOR K I ndex No. Each county has rules governing the content of the notice. Your spouse will get a notice with the divorce. To provide notice by publication in a newspaper to a respondent who cannot otherwise be served personally of the existence of an action for divorce or legal separation. 4-----X Plaintiff desig nates . Edit & Download Download . C.P.L.R. 1 SUPREM E COURT OF THE STATE OF NEW YOR K I ndex No. If a respondent is served by publication, there is nothing to sign. : 2 3. Approved Statewide Forms — Divorce, Child Support, and Maintenance Forms. 1. The summons is a legal document that informs the other spouse that a divorce has been filed, describes what is being asked for, such as alimony or custody, and informs him of his rights and responsibilities concerning the case, and also informs him of any upcoming deadlines. 306-a. 2 3 COUNTY OF Date Summons filed: 4. If the respondent cannot be located, service can be accomplished by publication. The purpose of the divorce summons is to assure the court where the divorce was filed that the respondent is aware that a divorce action has been commenced by the plaintiff.A divorce summons is a document that generally states the names of the parties to the case, the court where the case was filed, a brief description of the type of case filed, and instructions for … The summons tells him or her to file an answer to the divorce. Your spouse will have a protected answer period, to give them time to decide how they want to respond. 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