Legal Question in Family Law in New York
legal separation
how do I obtain a legal separation or divorce from my husband who refuses to sign any legal documents for separation or divorce?
3 Answers from Attorneys
Re: legal separation
If your husband does agree to sign any papers, that does not mean you cannot get a divorce. Depends in what stage your current proceedings are. More information is needed to provide the best course of action for you.
Re: legal separation
You can still get your divorce without your spouse's cooperation, but you will have to wait at least 40 days from the date he was served with divorce papers, and you must have a proper affidavit of service from a third party.
Re: legal separation
If you give more information about the divorce I would be able to help you. For example, did you file a summons? Did you serve papers?
Mike.