my ex-wife is very abusive, physically and all other ways you can imagine. the only thing that binds us are our children of which I have no rights to. she told me we were divorced and I didn't sign anything. I would like to file for divorce without her consent. is this possible?
It is not possible in the State of New York, absent the commission of an act of fraud by someone, to obtain a divorce from another without affording the other party notice of the commencement of divorce proceedings.
Staying in an unhealthy marriage is not good for either party or the children. I strongly encourage you to consult with a matrimonial attorney and file for divorce. In the context of that divorce, you can have the Court determine custody and visitation issues because you do indeed have rights pertaining to your children under the law.
If she doesn't produce the divorce judgment to you, then you may file. If - in defense to your filing - she produces the prior divorce judgment, then you'll have your answer & you can move to re-open the old divorce (if you so choose). Call a Bronx Divorce attorney for more info.
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No, other party has right to contest divorce in court and must have notice of it.
Disclaimer: Answer is not legal advice. An attorney-client relationship does not exist unless and until the attorney and the client execute a written engagement letter or retainer agreement.
These really are not enough facts to answer your question. Are you the father of the children? If so, then you have rights and responsibilities in that regard. If you are not the father and the two of you had no economic issues to dispose of then it is possible that she proceeded with and uncontested divorce and you defaulted. If she served you with papers and you ignored them then you may well be divorced. To begin, you can check with the County Clerk in Bronx County to determine if she filed for and was granted a divorce from you.
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