QUESTION
Can my divorce be finalized without his signature?
Asked on Dec 07th, 2013 on Divorce - New York
More details to this question:
My spouse signed the original petition but denies he signed the petition. I also signed the petition and verified his signature. The only thing I want from the marital property is my vehicle and the title.
6 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with a local and experienced family law attorney to review this situation. Be sure you bring your paperwork with you so the attorney can properly analyze it.
Answered on Dec 11th, 2013 at 4:04 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can ask the court to set a hearing date and if he doesn't show up the court will just sign the final papers you present.
Answered on Dec 11th, 2013 at 4:49 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, after a trial or a motion for default judgment, if that is applicable.
Answered on Dec 11th, 2013 at 4:48 AM
I suggest you get an attorney to assist you. If your spouse denies he signed the original Petition, you may have to get a handwriting expert to examine the signature against other signatures and give you a report. If he did the original petition, you will have to present the expert in Court to testify to that.
Answered on Dec 11th, 2013 at 4:47 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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In order to get a final decree both parties need to sign the decree or go to trial If he doesn't show up at trial, the court can give you a default order.
Answered on Dec 11th, 2013 at 4:14 AM
Bruce Provda
This is the point where you might want to speak to an attorney. Your ex does not have to agree to a divorce to have it happen in NY and if he is going through this denying of signature you need to take another route.
Answered on Dec 11th, 2013 at 4:11 AM