- The first step is filing for divorce with the county clerk in the county either where the client resides or the client’s spouse resides.
- Filing the summons actually commences the divorce.
- Sometimes we start the process by sending a letter to the other side, indicating that our client would be interested in getting a divorce on an amicable basis, but filing the summons would actually commence the divorce.
I need to get a divorce. What is the first thing I should do?
Divorce is an overwhelming process so you need to first make sure you choose the right attorney. Find someone with a focus on divorce and family law, who will work towards your best interests. Your attorney should be someone you feel you can depend on. To prepare for your consultation and get the most out of it, make sure to gather necessary documents. These can include financial documents like tax returns, pension information, marital assets, insurance policies and legal documents like wills or prenuptial agreements.
Once you meet with your attorney, the first thing they will do is file for a divorce with the county clerk in the county where either you or your spouse reside. Filing the summons is what actually commences the divorce. However, we do sometimes start the process by simply sending a letter to the other side indicating that our client would be interested in getting a divorce on an amicable basis. Doing that does not in and of itself commence a divorce. The actual commencement would be by filing the summons or a summons and complaint with a county clerk.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.