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I was wondering if i was to file for divorse and my spouse was to move and not sign and i had proof of him cheating

White Plains, NY |

and he was not there to defend himself will the court grant me my divorse and make it a simple process or will i have to go through alot to be divorsed? we have no children or im not claiming anything. i just want my simple divorse but i dont want to waste so much money.

Attorney Answers 5


  1. Best answer

    If you file for divorce you must have your husband properly served. Then if he fails to appear the divorce can be granted on a motion for a default. You may wish to have an attorney assist you with this.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  2. No matter what your husband has to be served with at least the summons. If he defaults by not appearing, you can submit the necessary papers to the court for the divorce (he does not have to sign anything). See a divorce attorney to help you with the process.

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    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


  3. Mr. Weinreich is absolutely correct in his response. You should consult with a locally experienced family law attorney to represent you and assist you in developing a legal strategy. Trying to go through the divorce without legal assistance is only asking for trouble. I hope this helps and have a nice weekend.


  4. You do not necessarily need him to sign off on anything, but if he doesn't, then you do need to personally serve him. One caveat - "proof" of adulerty must be non-hearsay proof of the actual sexual act, not merely a romantic relationship with another person outside the marriage. Since that is often a difficult thing to prove, and if you're looking at a "simple" process, you are probably better off filing it as a no-fault divorce. In any event, if you wish additional information, my suggestion would be to contact a White Plains Family Law attorney for a consultation.


  5. Hi there, if you file and serve your spouse with the divorce summons, and he does not file an appearance to contest the divorce within a certain period, you are able to move forward to obtain a Judgment of Divorce by default (without his signature). As you are not seeking any financial claims against your spouse, your case is straightforward and can be completed as an uncontested divorce.

    The right attorney can help you complete the uncontested divorce process relatively quickly and inexpensively.

    Feel free to call me anytime for a free telephone consulation- I will be at my desk until 5pm today. (646) 587-0188

    Sincerely,
    Leta Liou, Esq.
    The Law Firm of Liou & Maisonet, PLLC
    124 Nassau Street, Suite 2
    New York, New York 10038
    (646) 587-0188
    www.DivorceInNYC.com

    Serving Manhattan, Queens, Brooklyn, Bronx, Staten Island, 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.

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