Legal Question in Family Law in New York
stipulatin of settlement signed-is it now uncontested?
my husband is the plaintiff in the divorce action (he had the resources to file first). I submitted a verified answer to the court with a counterclaim. He and I reached an agreement and both signed the stipulation of settlement drawn up by his attorney. He has since fired his attorney, moved out of the state, and has left it to me to finalize the proceedings of the divorce. To date, the last thing that was filed was my verified answer, can I pursue this case as an uncontested divorce with the submission of the stipulation of settlement? If so, do I start with the Notice of Issue first?
3 Answers from Attorneys
Re: stipulatin of settlement signed-is it now uncontested?
You will have to file a stipulation, permitting you to take the divorce on your counterclaim, withdrawing the complaint, as wll as all the other papers necessary to obtain a judgment of divorce.
If you do know how to proceed, I suggest retaining an attorney.
Daniel Clement
Re: stipulatin of settlement signed-is it now uncontested?
The 'stipulation of settlement' can be used to substitute for many things.
Altogether, you need a number of documents to submit the petition to the court.
Index number, note issue x 3, summons w/ notice, complaint,affidavit of service, affidavit regularity, military status, plaintiff affidavit, barrier re-marriage, decision - finding fact & conclusions (ud-10)\, judgment, certificate dissolution, postcard.
You can put together all of these documents and petition the court as the defendant for a judgment. This is not difficult. It only looks like a lot. If you need assistence, give me a call. I could not in good conscience charge much for assembling these documents.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
Re: stipulatin of settlement signed-is it now uncontested?
There is a matrimonial Pro Se Office in NY County Supreme Court that can provide you with a check list of documents and procedures needed to guide you in the completion of your divorce process.
The Clerks are not permitted to give legal advice, but the materials and info can be helpful in pointing you in the right direction. If you are in another County, go to the Supreme Court Matrimonial Clerks office in your county for direction.
If your Stipulation was properly prepared and signed, you might be able to complete your divorce by completing the supporting documents ( found in the noncontested divorce packet) which are necessary for submission with the divorce judgment & findings of fact to the Court.
GOOD LUCK
PHROSKA L. McALISTER, ESQ
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
