If you were properly served and did not respond by filing a notice of appearance or answer more than likely your husband can make an application for a default divorce (that's where the court grants the divorce in your absence). As far as your name being misspelled - that can be corrected fairly simply. The bigger issue is that your husband is proceeding with a divorce and you will not be in a position to preserve your rights. Even if you agree with the divorce it would be wise to have an attorney review the paperwork, in particular the judgement of divorce, to ensure that everything is in order. Please consult with an attorney as soon as possible.
Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.
There is no such thing as a "poormans divorce" - either you have been served with a Summons or you have not been. The only way you can tell is to show it to someone who knows the appropriate form - that person is a lawyer.
And no - there is no requirement that you sign anything in advance.
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.
I am sorry that you are going through this. More than likely your husband prepared the court papers himself or had someone in court prepare them and then they were served on you, you do not have to sign the divorce papers until you are ready and only if you agree with the provisions. You have a lot of misinformation which is not your fault, but you should meee with either a local attorney and chat with him or her or meet with legal services to help you undertand. The courts are there to listen and protect you. Take care and Hopep that things work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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