Being served with divorce papers can often be confusing, and often embarrassing.  The following months and in some cases years, can be long and emotionally difficult. Firstly, there are different types of service that may be made in a case. In the case of a divorce, personal service must be made, what this means is that someone must physically hand you the papers. Mailing the papers, leaving them taped on your door, or giving it to your roommate to give to you, are all examples of improper personal service. Proper personal service is realized when a person, not a party to the action, and over 18, serves a defendant with a Summons for divorce. It is important to know what exactly a Summons is. It is a document, to give you, the defendant which has been served, proper notice, that first, there is a case against you for a divorce, and secondly you have a certain amount of time to respond once you are served.

The best thing to do at this point, it bring the papers you were served with, to an attorney for a consultation. Some attorneys do charge a consultation fee. At the Law Office of Jayson Lutzky, the first in office consultation is free. During the consultation, you shall discuss any and all types of assets, such as; vehicles, real estate, joint accounts, pensions, investments, stocks and bonds that you or your spouse may have acquired either before, during  or after the marriage. Also, liabilities such as joint credit cards mortgages, personal loans, car loans and other account payables acquired after or before the marriage will be discussed.

Another important factor to be determined in the case if there is a child under the age of 18, and there is no previous family court order, is the custody of the child and visitation rights of the non-custodial parent. If the two parties cannot agree to terms, then the courts shall be asked to make a decision. The child support amount is determined from state law, depending on the income of the non-custodial parent. The percentage allocated from the non-custodial parent is 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and 35% for 5 or more children, but this may vary.

There are many situations where one spouse may be financially dependent on the other one. If this is the case, then the court shall make a decision ordering the financially independent spouse to supplement the dependent spouse’s income for a set number of years, sometimes forever. The supplemental payment is called spousal maintenance in New York. In other states, it is called alimony.

Do not be intimidated, These things are common, but it is also very common for spouses, to have no assets to distribute, no child, and are both financially independent, where an attorney may advise their client to sign the divorce waivers (Defendant’s Affidavit) , where defendants give up their right, to spousal maintenance, equitable distribution, and other forms of monetary relief from the court. This is called an uncontested divorce, meaning the parties are both agree to the divorce and want nothing from one another. This is a decision that you, the client shall make once you are advised by the attorney.

If you are considering divorce or you have been served with divorce papers, then contact the law office of Jayson Lutzky, P.C. Mr. Lutzky is an attorney with over 30 years of experience and offers free in person consultations. He can explain the divorce process and represent you in each step along the way. Call 718-514-6619 for more information or visit for more information.