Last month, we explained that a matrimonial action may be commenced by the filing of a summons with notice, and without a verified complaint. Because New York requires fault allegations in the complaint, it had become common practice to stipulate to defer the service of a complaint.
The Valuation of Marital Assets
Last month, we explained that a matrimonial action may be commenced by the filing of a summons with notice, and without a verified complaint. Because New York requires fault allegations in the complaint, it had become common practice to stipulate to defer the service of a complaint. We asked the question: 'Can the commencement date of a prior discontinued or dismissed action be used as the date to classify property, or as the valuation date of marital assets in a subsequent divorce action? In Part Two, we continue the discussion.
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