Do I need to use actual statutes to support my grounds for Service of Summons and Complaint in my Affidavit of defendant in Action for Divorce?

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Do I need to use actual statutes to support my grounds for Service of Summons and Complaint in my Affidavit of defendant in Action for Divorce?

My Wife has filed for divorce and I cannot afford an atty. and must proceed Pro Se. I am trying to file a Notice of Appearance but am contesting the divorce. We have two children together and she does not want me to see them. I am willing to agree to the divorce but I need visitation. How should I go about this?

Asked on June 19, 2009 under Family Law, New York

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a person files for divorce that is simply taking the initial step towards a dissolution of the marriage. Contesting the divorce itself means your contesting the dissolution of said marriage. What each party wants or does not want is determined throughout the divorce proceedings.

An issue such as custody will be discussed as you proceed with the divorce. All the specifics will be addressed such as relationships, jobs, financial situation etc. The parties express their desires and in the end an agreement s reached or the court reaches one if the parties cannot agree.

So by acknowledging the filing by your wife and stating you will appear pro se your not waiving your rights to anything. You can contest it but in the end it will be back where you are now. You do need to file a notice of appearance. You can say you contest the divorce and a court date will be set at which time you will be informed of the situation and how the proceedings will go. You also can call a local attorney and simply have a conversation, they may shed some light on your situation and how best for you to handle it and in the end you can represent yourself but a little advice cannot hurt.

You are also welcome to post on hree again with specific questions that I am happy to answer. Good luck


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