If I’m in the divorce process but am a bit confused about the timeline, how can I get clarification?

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If I’m in the divorce process but am a bit confused about the timeline, how can I get clarification?

I was served with summons and notice 3 weeks ago. I never received verified complaint. I sent in notice of appearance. This week, I received a RJI requesting preliminary conference, note of issue, and certificate of readiness. I never sent discovery demand because I was expecting to receive a complaint. The certificate of readiness only has one box checked “all pleadings served” there are no boxes checked in the discovery section. Does this timeline seem right? Do I need to file motion to vacate note of issue and certif. of readiness to keep right to discovery? I have done research but I want to make sure I am not heading in the wrong direction.

Asked on July 7, 2015 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you sound as if you are heading in the right direction.  You should serve a demand for the complaint as well.  The RJI and REquest for PC will trigger the prelimiary conference where a discovery schedule is set forth to the court.  But maybe they served the Note of Issue by mistake?  If you are Pro Se call and ask the other lawyer's office.  Good luck.


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