The Matrimonial Action: An Introductory Tour (provided by Timothy J. Horgan, Esq.) When the parties cannot agree to settle their marital dispute, the next step is for the court to resolve the issues. This is known as a contested action. Each case necessarily differs on its facts but the following outline illustrates the process. 1. COMMENCEMENT OF THE ACTION New York requires personal service of a SUMMONS, a legal document whereby the plaintiff informs the defendant of the type of action being brought (Divorce or Separation or Annulment). The defendant then usually retains a lawyer who sends a NOTICE OF APPEARANCE to the plaintiff's attorney filing for a divorce filing for a divorce demanding to know the specifics of plaintiff's case, i.e., the VERIFIED COMPLAINT. 2. PLEADINGS The plaintiff now serves the verified complaint. It sets forth the basis for each claim (cause of action) that plaintiff has against the defendant. The defendant responds by way of a VERIFIED ANSWER which either admits or denies the allegations of the complaint. The defendant may also include a COUNTERCLAIM for divorce against plaintiff or affirmative defenses. If the defendant sets forth a counterclaim, the plaintiff must serve a VERIFIED REPLY or the counterclaim will be treated as undefended. 3. THE PRELIMINARY CONFERENCE Each attorney can file a demand for a PRELIMINARY florida child support guidelines filing for a divorce CONFERENCE which asks the court to schedule discovery dates. The courts require that both parties and their attorneys attend this conference which is usually held with the judge or the judge's Law Secretary. At this conference, if custody is in dispute, the court may order a forensic psychologist or psychiatrist to interview the parents and the children, thereafter furnishing the court with a report. This report sets forth the expert's opinion as to what custodial and visitation arrangements would be in the best interests of the children. The court will also appoint a LAW GUARDIAN, an attorney who represents the children. The focus on the family filing for a divorce parties are
