Legal Question in Family Law in Texas
divorce after legal separation
My brother in New York has been legally separated from his wife since 2006. She abandoned him in 2006. She has been served papers once in Texas. Can he finalize a divorce without her signature?
Asked on 12/26/08, 7:38 pm
2 Answers from Attorneys
Kristen Browde
Browde Law, P.C.
Re: divorce after legal separation
If she can be served, there is no necessity for her to sign anything.
Answered on 12/26/08, 7:42 pm
Steve Brodsky Esq.
CheapNewYorkLLC.com
Re: divorce after legal separation
Yes. Assuming that this is a NY divorce case, if she does not respond within 40 days after she is served, your brother can finalize the divorce. He will need to include an Affidavit of Service in his divorce papers.
Answered on 12/26/08, 8:11 pm