Filing for Divorce in NYC: What to Expect in the First 90 Days | Roven Law Group

The first three months after a divorce gets filed in New York City are where the case quietly takes its shape. Most of the decisions that affect the next year or two of your life get framed during this window, often before either spouse has set foot in a courtroom. Clients at Roven Law Group regularly come in asking the same question: what actually happens after the papers are served? The honest answer is that the first 90 days move faster than most people expect, with a sequence of deadlines, financial disclosures, and court-ordered restrictions that start running the moment the case is commenced.

Here’s a realistic timeline of what the first three months look like in a New York Supreme Court divorce.

Day 1: The Summons and the Automatic Orders

A New York divorce technically begins the day a Summons with Notice or a Summons and Verified Complaint gets filed and assigned an index number through the NYSCEF e-filing system. The filing fee is $210, paid to the County Clerk in the borough where the case is filed.

The minute the case is commenced, both spouses are bound by the Automatic Orders under DRL § 236(B)(2)(b). These are not optional, and they apply equally to the filing spouse and the responding spouse. The Automatic Orders prohibit:

• Selling, transferring, or hiding marital assets outside the ordinary course of business
• Removing the other spouse or children from health, auto, or homeowners insurance policies
• Taking out new loans against marital property
• Changing beneficiaries on life insurance, retirement accounts, or pensions
• Incurring unreasonable debts against joint credit lines

Violating an Automatic Order is treated as contempt. Judges in Manhattan and the Bronx take this seriously, and the consequences range from financial sanctions to adverse rulings on equitable distribution. Most of the asset-hiding cases that blow up later in litigation started with someone ignoring these orders in the first week.

Days 1 to 20: Service of Process

Once the summons is filed, the filing spouse has 120 days to serve it on the other party, but most NYC cases are served within the first two to three weeks. Service in New York requires personal delivery to the spouse by someone over 18 who isn’t a party to the case. A professional process server is the standard route.

The served spouse then has 20 days to file a Notice of Appearance if service happened in New York, or 30 days if served outside the state. Missing that deadline can result in a default, which is a much harder hole to dig out of than most people realize.

Days 20 to 45: The Statement of Net Worth

This is the document that drives the rest of the case. The Statement of Net Worth (UCS Form 5) is a sworn financial disclosure required of both spouses in any contested matrimonial action. It runs roughly 20 pages and asks for itemized monthly expenses, every asset and liability, income from all sources, and a list of insurance policies and retirement accounts.

The form is due before the preliminary conference, and it has to be filed with three years of tax returns, recent pay stubs, and a current W-2 or 1099. Judges read these documents carefully. Inconsistencies between what’s listed on the Statement of Net Worth and what shows up later in discovery tend to follow a spouse through the entire case.

A few practical points that come up consistently:

• Monthly expenses should reflect actual spending, not aspirational budgeting. Pull twelve months of credit card and bank statements before filling this in.
• Retirement and brokerage account values should match the most recent statement, not a year-old number.
• Business owners need to disclose draws, distributions, and perks paid through the business, not just W-2 income.

Days 45 to 90: The Preliminary Conference

The Preliminary Conference (PC) is the first real appearance in front of the assigned judge. In Manhattan, it’s typically scheduled within 45 days of the Request for Judicial Intervention being filed. The PC sets the discovery schedule for the rest of the case and locks in deadlines for depositions, expert valuations, and any motions for temporary relief.

At the PC, the court will issue a Preliminary Conference Order covering:

• Discovery deadlines, usually six to nine months out
• Custody and parenting time arrangements if children are involved
• Whether a forensic evaluator or attorney for the child needs to be appointed
• Temporary spousal maintenance or child support, if requested
• Exclusive use of the marital residence in contested cases

A neutral appraiser for the marital residence and a forensic accountant for any business interest often get selected at this stage. Picking the right experts early changes the trajectory of the case.

What Roven Law Group Focuses on During the First 90 Days

Most of the work that pays off later in a divorce gets done in these first three months. That means preserving evidence before account statements get refreshed, documenting the date-of-commencement balances on every account, securing exclusive use of the marital home where appropriate, and getting interim support in place so the lower-earning spouse isn’t financially squeezed into a bad settlement. Janice G. Roven has been handling this stage of NYC matrimonial cases for more than 35 years, and the firm regularly coordinates with forensic accountants, real estate appraisers, and pension actuaries when the marital estate calls for it.

For readers who want the source material directly, the New York State Unified Court System publishes the full Statement of Net Worth form and the matrimonial part rules at nycourts.gov, and the text of the Automatic Orders is available through the New York State Senate’s online statute library.

The Bottom Line

The first 90 days set the tone. Spouses who file complete financial disclosures, follow the Automatic Orders, and walk into the Preliminary Conference with a clear strategy almost always end up with better outcomes than those who improvise. If you’re separated and considering filing, or you’ve just been served and aren’t sure what the next steps look like, schedule a consultation with Roven Law Group to get a realistic plan for the months ahead.