Never, EVER ignore legal papers that have been served upon you. If you are unable to understand them or have any questions or concerns, you should contact an attorney.
Consult an attorney already and get your paperwork done properly - before you end up without spousal support.
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I am not licensed to practice law in NY, so my comment should be construed as a general comment:
if a signature were required to have a divorce, there would never be a trial.
if a signature were required to serve process, there would never be service of process
One way or another, your husband will be able to get a divorce. It might be by some type of Joint petition that you both sign if New York has such a thing, or it would be by the traditional way of having a petition served upon you [does not require your signature] and you will either participate in the law suit or you will be in default.
When you say "to speak with someone", do you mean with an attorney? ABSOLUTELY. Right away.
Coming here on Avvo is just a start, you would need a face-to-face meeting so that you can review all of the details of the marriage to see what your rights are.
I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo rating and would be appreciated. This answer shall not be considered rendering legal advise but instead a general response to a general question. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.
Yes, he could get a divorce if he told the court that you were served with the summons and failed to respond. You need to speak to an attorney if you want to protect your rights
This is not legal advice. This answer is provided in the nature of general information.
If you were served with the divorce papers and did not respond your husband can be granted a divorce "on default." If you were not served with papers you must still protect your rights and might have to be proactive in your approach. I suggest speaking to an attorney so that you can understand your rights and your options going forward. Do not waste time!
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