I was awarded sole and legal custody of my kids back in Oct 2012. Ex gave up his visitation rights on the same day. I also had a 2 year order of protection that expired in 2014. I have been living separated since then. I would like to file divorce finally and am wondering how much it would cost and how long it will take. We live in two different states, will that be an issue? I'm in NV and he's in NY. Will I need his signature, since I don't know where he lives? All I want is the divorce, nothing more.
One option you may have is to file a joint petition for divorce. The process is simple and fairly quick. Also many attorneys charge a reasonable, one-time fee for the process. To do this you would need your husband's signature.
Another option would be to file a complaint for divorce and then move for a summary adjudication. Since custody of the children is already decided and (presumably) any debts and assets are already divided, this would be a relatively simple process. The process for this is longer, but it doesn't require your ex-husbands signature.
The advice contained herein is for general education purposes only and does not create an attorney client relationship.
As Mr. Leavitt mentioned, if you cannot get his signature, then you would have to file a Complaint for Divorce to unilaterally start the process. If you cannot locate him to have him personally served in NY, then the court can allow you to serve by publication, where you'd publish service in a newspaper. All in all, this process could take a couple of months before you can get your final decree. So long as you've been living in NV at least 6 months with the kids, then NV would have jurisdiction over the custody issue still and you would definitely be able to file for the divorce in NV.
My statements are not intended to be legal advice, but only to be informational. Therefore, I cannot guarantee the accuracy or completeness of said statements or that they pertain to your location or jurisdiction. Any statements exchanged do not form an attorney-client relationship, and you should not rely on said statements in place of seeking advice from an attorney for your specific matter.
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