Legal Question in Family Law in New York
i want to divorce my wife that ive been living apart from for the past year but i know she will not sign the papers...we also have 2 kids together...what should i do?
Asked on 10/14/11, 8:42 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
New York is now a no fault state. Meaning, that you do not have to prove fault to obtain a divorce. You simply commence an action by filing a Summons and Notice, and personally serve your wife using a process server. If your wife defaults (fails to answer the summons), and if all the collateral issues are resolved (child support and custody), the court should grant you a divorce.
Of course, it would be much better for you to retain a lawyer.
Mike.
Answered on 10/14/11, 9:15 am