Home > Research Legal Advice > Divorce / Separation > CAN I GET A DIVORCE IF MY WIFE WON'T SIGN THE PAPERS?
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Asked about 1 year ago - Rochester, NY
FlagI HAVE BEEN SEPERATED FOR OVER 3 YEARS NOW. OUR RELATIONSHIP ENDED IN A NASTY SEPERATION. I THINK SHE WAS CHEATING ON ME AT THE TIME BUT I COULDN'T PROVE IT. I DO NOT THINK SHE WILL BE WILLING TO SIGN DIVORCE PAPERS IS THERE ANY WAY I CAN STILL GET DIVORCE WITH OUT HER SIGNING?
Yes. You can file a suit against her, and have her served. She will have a choice then: if she doesn't respond, you can (after a certain period of time, usually about 30 days) ask the court for a default judgment, and get divorced that way; or, she can file a response. In that case, the matter will be set to appear before a court.
Important disclaimer: I am licensed to practice in Oregon, but not New York. The laws are surely different in NY. But I'm reasonably confident that this much is the same in all states. You should consult with an attorney licensed to practice in New York if you have questions about the procedure.
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