My husband wants to file divorce he is in california and i work in new york
my husband wants to file divorce with which i don't agree he works in California and i am working in new york .My 4 yrs old son is living with me since July 09.My husband send me some papers through the lawyer which i missed multiple times to receive it but now i wonder shall i take those papers or not? and can he file a divorce with out me receiving the papers.
Attorney answers (1)
He can probably obtain a divorce by default if you do not answer the papers. Although this does not happen often, you might lost custody and be forced to pay child support. It is not the California rules which are the issue; it is that you are doing nothing to protect your legal rights. Go onto avvo's lawyer directory and find a family lawyer who is in the same area as your husband. Also discuss with the attorney if you can file in NYS. On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Legal terms used in litigation……………………………………………………….. New York City: A Guide to the Courts…………………………………….. Divorce in General and How It's Handled in New Jersey Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong) Child Abduction and International Law……………………………………….. FYI my law partner James DeFelice practices family law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com 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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