Legal Question in Family Law in New York

Hello. My husband and I have been separted for 5 yrs. now. He is based in Texas, and I am in NY. Both of us are resident aliens in the United States. I just received a citation for Petition for divorce yesterday and do not know what the next step is. This is an no fault/uncontested divorce proceeding and we have no property, children to contest. Can I just proceed and respond with a waiver of citation to speed up the process and deter the need for a court appearance? Thank you.


Asked on 5/04/11, 7:48 am

2 Answers from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

If you agree with all of the terms of the divorce and you are not seeking any relief not mentioned in the Summons, then you can go ahead and sign the Affidavit of Defendant and return it to the Plaintiff or his lawyer. If you are not sure whether you should be seeking anything, or whether the terms contain something that is detrimental to you, then you should contact a lawyer before signing.

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Answered on 5/04/11, 8:05 am
Michael Markowitz Michael A. Markowitz, PC

I do not practice in Texas. You submitted the question to a NY lawyer. I suggest you re-submit the question (or get advice) from a Texas attorney.

Mike.

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Answered on 5/04/11, 9:41 am


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