Legal Question in Family Law in New York
divorce
My ex husband and me are officially separated for more than two years. I have sole custody of our two children. We don't have any assets. I want to divorce but my ex says that he will never sign for it. What can I do? Is there any other option for me to get that divorce? Thanks for your advice.
2 Answers from Attorneys
Re: divorce
If you have a filed separation agreement and have been living apart under that agreement for more than one year, his signature is not necessary. You should contact an attorney in your area and commence an action to convert your separation agreement into a divorce.
Re: divorce
You do not need your husband's permission to obtain a divorce.
You can file for a contested divorce.
Are you planning on using separation as the basis for the divorce, or is there some other reason?
Patricia Martin-Gibbons