My husband got uncontested divorce papers from legal zoom in April and I will not sign.Can he get a divorce without my signature

Asked 12 months ago - Long Island City, NY

Today he told me he could get a divorce without my signature. I refuse to sign until I'm able to speak with someone because I believe I am entitled to spousal support being that I'm unemployed and have absolutely nothing.

Attorney answers (6)

  1. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . No.

    Consult an attorney already and get your paperwork done properly - before you end up without spousal support.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Renata Weissman

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    Contributor Level 7

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    Answered . If you were served with the divorce papers and did not respond your husband can be granted a divorce "on default." If you were not served with papers you must still protect your rights and might have to be proactive in your approach. I suggest speaking to an attorney so that you can understand your rights and your options going forward. Do not waste time!

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Yes. He'll allege you refused to appear in the case and will "win" the case. You'll lose potentially everything. Respond.

    Good luck.

  4. John Morison Allen

    Contributor Level 12

    4

    Lawyers agree

    Answered . Yes, he could get a divorce if he told the court that you were served with the summons and failed to respond. You need to speak to an attorney if you want to protect your rights

    This is not legal advice. This answer is provided in the nature of general information.
  5. Brian Daniel Perskin

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    Contributor Level 12

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    Answered . Never, EVER ignore legal papers that have been served upon you. If you are unable to understand them or have any questions or concerns, you should contact an attorney.

  6. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I am not licensed to practice law in NY, so my comment should be construed as a general comment:

    if a signature were required to have a divorce, there would never be a trial.

    if a signature were required to serve process, there would never be service of process

    One way or another, your husband will be able to get a divorce. It might be by some type of Joint petition that you both sign if New York has such a thing, or it would be by the traditional way of having a petition served upon you [does not require your signature] and you will either participate in the law suit or you will be in default.

    When you say "to speak with someone", do you mean with an attorney? ABSOLUTELY. Right away.
    Coming here on Avvo is just a start, you would need a face-to-face meeting so that you can review all of the details of the marriage to see what your rights are.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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