Legal Question in Family Law in New York
What are my options
My wife claims to have lost her feelings for me and has retained a lawyer to proceed with a divorce. I have been issued my summons by her attorney and am told that if I fail to answer the summons within 30 days, judgement will be taken against me by default for the relief demanded. Do I legally have to respond? I have no desire to end my 8 year marriage or sign these papers. If I just ignore these papers, can the divorce be granted anyway? What if I respond to the summons with a letter mentioning that I am not ready for a divorce and do not intend on signing? My funds are lacking right now and would like more time to get things in order. Any suggestions?
2 Answers from Attorneys
Re: What are my options
If you do nothing, the divorce will be granted on default. A letter will will not stop the divorce either. You must submit a formal answer.
I suggest you retain an attorney.
Daniel Clement
Re: What are my options
This is a sad story, but unfortunately a familiar one. Perhaps you could offer to go to marriage counseling with her. Tell her you are sorry for whatever it is she feels you did (or did not do) and promise to change. Only mean it!
If you are going to marriage counseling, make sure her attorney gives you a letter extending your time to appear.
If you wish to discuss this with me privately, please call to schedule a confidential consultation: (516) 741-7799
I practice in NYC and Long Island.
For more information, please see my web site.
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