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.

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Answered on 10/14/11, 9:15 am


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