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Getting divorced without going to court, or seeing spouse in person.

Bayshore, NY |
Filed under: Divorce Divorce court

I want to get divorced. We have not spoken for almost 2 years, have not seen each other, and I want to keep it that way.
We have no assets, money or anything, no childer...
I am sure husband will sign the divorce papers. I know how to fill them out, just do not want to see him in person face to face.
I am willing to hire attorney or person to serve him and make him sign it for me.
Not sure how to go about that.

Attorney Answers 4


  1. You have to have your husband personally served after you purchase an index number. If you hire an attorney, they will take care of service. If you believe that you can do the divorce without an attorney, you just need to have him personally served and get an affidavit of service. If you are unsure of how to proceed, call attorneys who do matrimonial work and ask them what the proper steps are. Good luck.

    I have been an attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. If you are certain, your husband will sign the divorce papers, you can send him the documents and ask him to admit service of the divorce in an affidavit. This will avoid the cost of a process server. The documents he signs will need to be signed in the presence of a notary public.

    If you are not certain that you have all of the correct documents required to be filed, I suggest contacting an attorney to prepare the documents so they do not get rejected by the court.

    Good luck.


  3. Yes, it is possible to complete an uncontested divorce without having to see your husband at all. If your husband is in agreement to the divorce, your attorney can assist you in serving the paperwork directly to your husband to sign. An uncontested divorce in Suffolk County is relatively straightforward and can be completed without the need for a court appearance.

    Feel free to call anytime for a free telephone consulation.

    Sincerely,
    Leta Liou, Esq.
    The Law Firm of Liou & Maisonet, PLLC
    124 Nassau Street, Suite 2
    New York, New York 10038
    (646) 587-0188
    (646) 587-0187
    Matrimonial and Family Law Attorneys serving New York, Brooklyn, Queens, Staten Island, Bronx, Nassau, Suffolk, Westchester, Rockland, and Orange Counties.

    Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do not establish an attorney-client relationship.


  4. You have to have your husband personally served after you purchase an index number. I often ask client if they have a friend who knows the defendant. A friend who knows the defendant and has a photo of him can make service on him. Other alternatives are hiring a process server or have you husband sign a consent to the divorce. You could mail him a consent form

    Answers to questions on Avvo are mean to inform not to advise. Do not follow any advise given until you speak to a lawyer. The answers are geared towards the general not the specifics of your case.

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