Q: How does a judge finalize divorce without defendant's affirmation signature?

A: I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally straightforward, there are specific steps and requirements that must be followed to ensure that all parties' concerns, including those related to settlement terms and legal fees, are appropriately addressed.

First, it's important to understand that in a divorce action, the Affirmation of Defendant is typically required when the defendant agrees to the divorce terms and the stipulation of settlement, which includes issues like property division, alimony, and other financial matters. However, if the defendant does not sign the affirmation, the case does not automatically stop. In certain situations, a judge may still finalize the divorce under specific circumstances, but the process becomes more complicated.

If the defendant refuses to sign the affirmation or is dissatisfied with the settlement, they should have raised their objections either during the negotiation process or in response to the settlement proposal. In your situation, the defendant's dissatisfaction with the stipulation of settlement and the request for legal fees should have been formally addressed. The fact that the defendant’s attorney ignored these requests and did not inform the judge of these concerns could potentially lead to complications, but it does not automatically prevent the divorce from being finalized.

In some cases, if the defendant does not respond or sign the required documents, the plaintiff can request that the judge proceed with a default judgment. This means the judge may grant the divorce and enforce the stipulation of settlement based on the information provided by the plaintiff. However, if the defendant has raised specific issues, like dissatisfaction with the terms or a request for legal fees, these issues need to be addressed before the judge can finalize the judgment. It is not typical for the divorce judgment to be finalized without these issues being resolved.

If the defendant’s request for legal fees was not communicated to the judge, this could be problematic, and the defendant may have the right to ask the judge to reconsider or amend the judgment. The judge would likely take these concerns into account if the defendant formally raises them in a motion for reconsideration or a request to modify the judgment.

In summary, it is not typical for a divorce to be finalized without addressing the concerns of both parties. The defendant’s dissatisfaction and request for legal fees should have been raised, and it’s important for an attorney to bring this to the judge’s attention. If this hasn’t been done, the defendant may need to file a motion to address these issues before the final judgment is issued.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: This question as posed is confusing. In a contested divorce, there is no defendant's affidavit. However, in an uncontested divorce, there has to be one whether there is a stipulation of settlement or not. The contested divorce always takes place before a judge while an uncontested divorce never does. This question makes it appear as if an uncontested divorce is taking place before a divorce judge.

Especially in a Queens divorce case, litigants do not make judges "aware" of anything, and judges do not "address" issues. Either the matter settles or goes to trial if the divorce is contested. Here, it appears the divorce is uncontested without an agreement as to the terms of the settlement, so the case cannot proceed to conclusion, and the asker must refile a contested action and start all over again. It does not matter whether the defendant's attorney ignored or did not ignore a term within the settlement.

That requires the purchase of a contested index number. Otherwise, if the hang up is the counsel fee, then the asker should waive the fee to get a divorce rather than filing all over again.