Legal Question in Family Law in New York

uncontested divorce

my husband is currently in jail and originally agreed to the divorce until served. i rec'd paperwork back from the jail official that served him w/o his signature. can i still proceed w/o his signature how long do i have to wait before i can go to the courts? i'm doing the do it yourself (uncontested divorce). i've completed all paperwork all i needed was his signature then i could've went to the courts and rec'd a court date. can i still proceed with this form of divorce w/o his signature. I filed on the grounds of cruel and inhuman treatment. I think I could win by default because he will not be able to appear in court due to him bing in jail. i know he has like a 30-40 day timeframe to contest it but do i have to wait for that seeing he won--name removed--be out until the end of this year. He was served the beginning of May.


Asked on 5/30/06, 11:41 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: uncontested divorce

You will have no prblem getting the divorce even without his signature. If he has been served, then you can file for a default judgment at any time after his time to answer has passed.

Being an inmate is very difficult. He might regard the oipportunity to come to the city and have a 'trial' as good entertainment. This will cause some anxiety to you, but not affect the outcome.

File your 'affidavit of service' and then immediately file for the default.

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Answered on 5/30/06, 1:45 pm


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