If I’m in the divorce process but am a bit confused about the timeline, how can I get clarification?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.