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If I serve my spouse with divorce papers, do we still need to get lawyers. They are the same info as legal separation papers?

Currently legally seperatwd from spouse. I live in my own place n house that we lived in is up for sale. I told her I wanted a divorce so I gave her divorce papers so they could be uncontested. I had her be the plantiff and they are exactlly the same as the legal separation papers. We both said we are not going to take the kids from each other (we have joint legal n physically custody) plus I pay all bills and spousal support. She had the papers for about 45 days already. Can I serve her with me as the plantiff? And if I do does she or I neccissarily have to get lawyers? I just want to serve her do there is a time frame for her to sign or not sign the papers. If she agrees to the terms in the papers can she just sign them?

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Attorney answers (1)

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If you own real estate and have children together,it is not wise to proceed without a lawyer each. The NYS rules for martial distribution and child maintenance can be quite complicated and in some cases the court will not accept the agreement between spouses. The 45 days tells me ex has her doubts and most likely is conferring with a lawyer. I recommend you do the same. My partner James DeFelice practices family law in NY,and you might benefit from getting his contact information from the avvo.profile.

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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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