Can I file for a default divorce if my husbandsent the papers back unsigned with a letter?

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Can I file for a default divorce if my husbandsent the papers back unsigned with a letter?

I filed for divorce; I did the papers myself and paid the packet and filing fees. At the time when I picked the papers up, my husband had agreed to everything so I got the agreed packet and filed. He was served almost a month ago but then things got ugly. I filed a restraining order. He is now refusing to sign the papers claiming that he sent them back unsigned to the court with a letter. He insists that I should pay almost 2k to have a moving company move his belongings to him out of state (across the country). In the divorce papers I didn’t ask for anything, as far as I am concerned it is all materialistic objects. I just want the divorce. I was told initially that I could file a default on about 6 weeks however since he sent the papers back unsigned, what happens now? Will I still be able to file for a default?

Asked on December 26, 2011 under Family Law, Washington

Answers:

Howard Pobiner / Howard J. Pobiner, Esq.

Answered 9 years ago | Contributor

You will be able to get a default divorce if he was properly served by someone not a party to the action.  The process server needs to file an affidavit of service.  If he was personally served outside the state of New York and you satisfy the statutory requirements for the New York court to have jurisdiction, you will be able to proceed.  Consult a local attorney or at least talk to the matrimonial part clerk to see how to proceed upopn default. Additional papers will be required. If you are considering asking the Court for maintenance, equitable distribution or other relief, having an attorney will be very helpful since the court can not enter a judgment without looking at those areas.  Once you waive your rights, you can't go back later and say that you want that relief.


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