Legal Question in Family Law in New York

He received a stipulation of discontinuance from her attorney so it's closed. The question is if he does file his own action and she refuses to sign it what then? Does he have to go to court and let the judge decide?

Asked on 7/08/13, 12:09 pm

2 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com
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All he has to do is have her served. If she doesn't sign within 40 days, she is in default and he can finish the divorce without her. If she responds by contesting (i.e. filing a Notice of Appearance), then yes, they will need to go to court.

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Answered on 7/08/13, 12:11 pm
Jordan Trager Wisselman, Harounian & Associates, P.C.
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He will have to serve her with the divorce papers. If she defaults he can get a divorce without going to court, but if she responds then he will have to go to court.

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Answered on 7/08/13, 12:23 pm

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