Legal Question in Family Law in New York

Re: divorce

if your husband purchased an index number and filed a summons or a summons and complaint, you have several options.

First, to protect your rights, you should consult an attorney and impose an answer so that he cannot file a default down the road.

Second, he can withdraw the action without prejudice (allows him to file again later) but he will be out the $210.00 dollars for the index number.

Third, you both can choose to not proceed and let the case die and the court will just not proceed with the matter if no action is taken within a period of time.

Again, you should consult an attorney in your area to get better answers than I can give in an e-mail.

If you wish to contact me you can, I can give a free telephone consultation.

Joel R. Salinger, Esq.

Re: divorce

What steps you should take is dependent upon what you mean by your statement that your husband "filed for divorce." If he properly filed a summons and complaint or summons with notice, this may have an effect on your marital rights no matter what you ultimately do with regard to finalizing this divorce.

You should consult with a competent divorce lawyer in your area.