Legal Question in Family Law in New York

Divorce in NY-Video testimony

My daughter is a Marine is Iraq. Can she use a tesify via video in a defalult divorce. She is the plantiff and wants out. He is beign uncopertative, has no lawyer, but will not sign.

Is there precedence for a NY divorce court to hear her testimony via video in this default divorce?

Thank you


Asked on 1/08/07, 2:17 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Divorce in NY-Video testimony not needed

A default divorce does not need oral testimony. Written testimony is good enough. Your daughter is a resident of NY (assuming she was beofre she enlisted) and can bring the action here. A lawyer can draw and have the papers served. Alternatively the NY courts Website ( http://www.nycourts.gov/litigants/divorce/index.shtml ) has forms to use even if the husband will not sign. BUT personal face to face service on the husband HAS TO BE MADE based on a photograph. As long as service is good and he defaults for 40 days she can apply for the divorce without appearing in person.

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Answered on 1/08/07, 3:19 pm


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