Legal Question in Family Law in New York

If spouse moves out

My boyfriends wife moved out five years ago, he has served her with papers twice, she has failed to sign them. Is there any way to get divorced without her having to sign and does she have any legal rights to the house?


Asked on 9/19/05, 10:25 pm

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: If spouse moves out

You need to provide many more details about the papers you say were sent and the purchase and maintenance of the house. In order to get divorced, an action needs to be commenced, and that means serving process, whether by the usual means provided by the CPLR or as otherwise directed by the court. The parties' respective interests in the home in divorce depend on whether it was marital property and, if so, the factors affecting equitable distribution of the couple's assets.

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Answered on 9/21/05, 12:02 am


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