Legal Question in Family Law in New York

Re: Discontinuance

Where issue is joined (i.e., there has been a complaint and answer, then you cannot discontinue unilaterally. It would have to be by stipulation, or by Order of the Court.

However, if there was no answer served, then the plaintiff can discontinue unilaterally (whether the other side likes it or not), by just serving and filing a Notice of Discontinuance.

You should realize that even after you move, your spouse can commence an action in NY, whether you are here or not. It sounds like you have a dead marriage anyway, so why not try to end it legally?

Hope this helps.

Re: Discontinuance

You didn't mention if you were the plaintiff or defendant. If you had served a summons and complaint and the other side has not yet answered, then a Notice of Discontinuance would suffice. If, however the answer had been filed, or you are the defendant, then you will need a Stipulation of Discontinuance, or have to ask the court for an Order Discontinuing the action. Either way, you spouse will have the option of re-filing the action if she can serve you personally - and if you then leave the state - the action will continue. Good luck!