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

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

Posted

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.

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Asker

Posted

I haven't been served. They were delivered to our home addressed to him via FedEx and he just pulled them out and left them on the counter. I'm in the process of finding someone to assist me.

Posted

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 could be considered attorney advertising.

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Posted

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

Good luck.

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Posted

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 rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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Posted

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.

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Posted

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!

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2 comments

Asker

Posted

Is being served considered him getting a delivery at our home from fed ex and pulling out a set of papers and putting them on the counter?

Renata Weissman

Renata Weissman

Posted

No, it means someone personally handing you the documents who can sign an affidavit stating that. Him handing you papers or putting them on the counter is not proper service.

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