After being separated for approximately 5 yrs. I was served with papers for a divorce 7 months ago. My husband lives in North Carolina. I live in New York. After not having heard from him or his attorney I wrote asking for an update. I received a letter from the court stating they had been informed by his attorney in April that he did not want to proceed with the divorce. I was told his attorney is sending me a stipulation of discontinuance. What exactly is that? Also, after being separated for such a long period of time what is involved in seeking a divorce?
Thank you for any assistance in this matter.
2 Answers from Attorneys
A stipulation of discontinuance means that he is withdrawing his divorce action. If you want to pursue a divorce against him, you can do so under the grounds of irretreivable breakdown of the marriage. There will likely be other issues concerning your case, such as equitable distribution. You should consult with a matrimonial attorney to answer all of your questions.
If you want a divorce, sign the discontinuance and file for divorce in NY. If there are no financial or property issues, it can be as cheap as $99 plus court filing fees. See http://www.NYCDivorceCenter.com