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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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How many days does the Defendant have to answer the Divorce

Customer Question

How many days does the Defendant have to answer the Divorce Complaint, and does the certificate of mailing need to be filed with the court the same day that the answer is mailed to the Plaintiff's attorney?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

The Answer must be filed within 20 days beginning the first day after service. You can read the NY Civil Rules of Procedure in this regard at this LINK If your service was made on you out of state, then you have 30 days.

Yes, the Certificate of Service should be filed the day that the Answer is filed and reflect the day it was served to the Other party.

Expert:  Samuel II replied 1 year ago.

Weekends do count when computing your 20/30 days. If the last day falls on a weekend day or a holiday then you have until the following day - but I suggest you do not wait and that you will want to file the Answer the day before the weekend or holiday, if that is the case and not wait until the last day.