The Plaintiff then has the Defendant served with the Summons and Verified Complaint or Summons with Notice within 120 days of filing. The person who serves the papers on the Defendant must fill out the "Affidavit of Service" and return it to the Plaintiff signed and notarized.When discovery is complete, a party files a Note of Issue and Certificate of. Readiness, certifying that the case is fully prepared and ready to go onto the. Get a comprehensive understanding of the process of discovery in a divorce. Learn the techniques to gather evidence and reach a resolution. In A Contested Divorce Case In New York, When And How Does Discovery Begin? This advance notice is to allow each side to prepare a defense and conduct discovery with this information at hand. Divorce discovery involves gathering information to prepare for your trial. Find out how it works and what to do here.