Legal Question in Family Law in New York

Husband will not sign divorce papers for the past 5 years..

I have served my husband divorce papers in December of 1998. He has not yet signed them. It is now 5 years. My husband I believe is now in Texas. We have not seen each other since November of 1998, in any way, size or shape. We have spoke a few times, but have gotten no where. I need to get on with my life and new family. What can I do. Do I need to file in a no fault state? Can a judge here in NY just grant me the divorce on the grounds of us not being together for 5 years with no emotional of physical connection? Can someone please unlock the chains my husband has around my ankles.

Regards


Asked on 3/26/03, 3:23 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Husband will not sign divorce papers for the past 5 years..

Fairly complicated question. I need some more information. In particular, when your husband was served, was the summons, complaint and affidavit of service filed with the County Clerk? If yes, please forward the index number. I should be able to give you more information with an index number.

If the index number was never purchased, you really have to start from the beginning. That means tracking down your husband to serve him papers.

Mike.

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Answered on 3/26/03, 3:36 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Husband will not sign divorce papers for the past 5 years..

Five years of futility have proved that you are not competent to be your own lawyer. Please do not be offended by this. You may be competent in other areas of life, but if you were my divorce attorney, you would have been fired five years ago.

Suggest you hire a professional.

If you wish to discuss this further, feel free to give me a call.

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Answered on 3/26/03, 9:13 pm


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