QUESTION
I''m in NY doing my own divorce and filing out Affirmation of Regularity and I''m having trouble with a question? Number 7 on the form to be exact.
Asked on Dec 20th, 2011 on Divorce - New York
More details to this question:
My spouse has signed the Affidavit of the Defendant and will not appear in court because he''s in Texas. How do I respond to the question: ''Defendant has appeared on his own behalf and executed an affidavit agreeing that this matter be placed on the matrimonial calendar immediately. Or ''Defendant is in default for failure to serve a notice of appearance or failure to answer the complaint served in this action in due time, and the time to answer has not been extended by stipulation, court order, or otherwise''?
1 ANSWER
If your spouse has executed the Affidavit of Defendant in an uncontested divorce, then the correct choice would normally be that the Defendant appeared and executed an affidavit agreeing that the matter be placed in the matrimonial calendar immediately. This language is normally recited within the affidavit that your spouse executed. WIthout examining the package you are submitting, it is difficult to ascertain that the forms are all correctly prepared and executed. You should consult with an attorney in matrimonial law to ensure that all of your rights have been protected and that you have not overlooked any provisions of law which might otherwise prove to be to your advantage.
- Alfred Polizzotto, III
Answered on Dec 21st, 2011 at 12:19 PM