05/29/2026
One of the most difficult conversations I have with people is after they attempted to file a New York petition on their own and their case was dismissed on procedural grounds.
Many individuals understandably believe that if their facts are strong, the court will simply “hear the case.”
They are surprised to learn that a strong case can still be dismissed because of procedural mistakes.
In New York, petitions involve far more than completing forms or explaining your situation.
Service requirements, timelines, verification rules, supporting evidence, and court procedure all matter.
Overlooking even one issue can create major setbacks. While courts have some leeway to overlook some mistakes, the courts generally cannot overlook procedural errors.
Unfortunately, many people do not realize this until after a dismissal occurs.
The legal system is much more procedural than people expect.