Asked in Divorce for New York

Q: I live in the State of New York. My ex and I signed a legal separation papers and filed for an uncontested divorce. He

won't sign the papers to give the courts because he opposes the verified complaint. can I get a divorce without his signature

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1 Lawyer Answer
Marco Caviglia Esq.
Marco Caviglia Esq.
  • Kingston, NY
  • Licensed in New York

A: You cannot get a divorce if your spouse will not consent to it, for whatever reason. You are still in a much better position than if there were no prior legal separation. You can get a judge assigned, and proceed with the conversion divorce, and it is up to him to show that you have not complied with all substantial terms, and if he cannot, the court will grant the divorce. If you need further help, you should consult with a local matrimonial attorney.

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