Legal Question in Family Law in New York

Hi,

I was married in Iowa and I moved to New York over a year now and I got a SETTLEMENT AGREEMENT signed and motorized last July of 2010 and I am trying to get a final divorce but the courts tells me that I have to do it from stem one, serve the person I am divorcing with the (1) Action of Divorce (2) the Verified Complaint then file the Uncontested Divorce and Note of Issue.

My question is, Do I need to serve the person again even thought I have a signed notarized SETTLEMENT AGREEMENT?

I separated for over a year and have been living in the state of New York since.

Please give me some advice because I don't even know where the other party resides and can not afford to have the person served.


Asked on 5/03/11, 2:37 pm

2 Answers from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

You still need to start from step 1 as the court advised. And yes, the defendant needs to be served. If you cannot locate your spouse, there are other procedures available, but they can get expensive (and take a long time). Call me for more info (the discussion is free). 212-913-9907. Steve Brodsky, Esq.

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Answered on 5/03/11, 2:44 pm
Michael Markowitz Michael A. Markowitz, PC

My question is, Do I need to serve the person again even thought I have a signed notarized SETTLEMENT AGREEMENT?

Answer. Technically, yes, although, the future ex has the option of signing a document acknowledging receipt of the summons and complaint.

You may look at the forms found at

http://www.courts.state.ny.us/divorce/divorce_withchildrenunder21.shtml.

Or, you may telephone an attorney to handle the uncontested divorce. Most attorneys (including my office) handles an uncontested divorce for a flat fee.

Mike.

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Answered on 5/03/11, 2:47 pm


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