Does my husband have to sign and notarize an affidavit for divorce?

I filed for divorce last month under “no fault”. My husband didn’t respond within 40 days, so he defaulted. We have a 5 month old daughter. I filed for sole custody and child support without the child support enforcement unit. The judge is requesting that we both sign seperate affidavits since a registry check found a match with our names and birth dates. If I don’t respond in 15 days, the case will be thrown out wthout prejudice. My husband refuses to assist me in the divorce. If only I return the form is it good enough? It’s about orders of protection, prior child abuse case or sex offense of which I have none.

Asked on July 22, 2012 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as you sign the requested affidavit for divorce by the court then such should be sufficient to protect your interests with respect to the continuation of your marital dissolution matter regardless of what your husband does or does not do.

You should not be penalized for the other party's inability to comply with court requirements in the contested marital matter that you have written about.

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