My husband wants to file an uncontested divorce in NY and i dont want it to be messy. I have no lawyer right now and i am scared

Asked over 1 year ago - East Meadow, NY

that i will be be devoid of my rights because he has kept me in a bad situation right now. We are in an informal separation and he wants a divorce and will not file as he fears i will contest and things will get messy. I dont want a divorce in the first place because i want to reconcile but things are not turning out that way. I told him he can go ahead with the divorce and i wont contest it and want to keep it as amicable as possible but i would want to contest it if any of my rights are hampered. I want to know specifically if:
- Will he still have to serve me the papers in case of an uncontested divorce that i can contest later on visualizing that my rights are being hampered?;
- Will i be able to contest that divorce later on being served the papers? (if any). I dont want to sign if so

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 19

    8

    Lawyers agree

    Answered . You should sign nothing until you ate convinced you ate getting what you deserve. I suggest speaking to an attorney to discuss your rights and go over the options on how to proceed. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Richard Batelman

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . I strongly urge you to consult an attorney to at the very least discuss your rights. Do not sign anything until you do so!

  3. Brian Daniel Perskin

    Pro

    Contributor Level 10

    5

    Lawyers agree

    Answered . Before you sign anything you should consult with an experienced divorce lawyer. If you sign the papers and your husband obtains a divorce any money or property in his name will be his. Any debt in your name will be yours. If you waive maintenance(alimony in NY) you will never be able to go back to court and ask for it. If you have children with your husband, any custody or support obligations will be affected by the papers he may try to have your sign.
    Your situation is very common. Your husband may be taking advantage of you because he knows that you do not want a divorce, and he may think you would do anything to make him happy. Be very careful, just call and speak to an experienced attorney, many will speak to you briefly over the phone.

  4. Louis Lawrence Sternberg

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . In a situation like yours, it is imperative that you speak to an attorney prior to signing anything. I'd recommend contacting a local divorce attorney to discuss your situation. I (like many other local attorneys) offer free consultations in divorces. Prior to signing anything, you should speak to a lawyer.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
  5. Atousa Saei

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Mr. Schwartz is absolutely correct in his response of your question. You should consult with an experienced local family law attorney to better understand what you are entitled to upon exiting your marriage.

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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