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Roger, Attorney
Category: Family Law
Satisfied Customers: 30893
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I want to file for a divorce but my spouse (an unemployed atty)

Customer Question

I want to file for a divorce but my spouse (an unemployed atty) says she won't grant it until she has a job and has her own medical coverage. Can she stop me from proceeding? We are New York residents
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.


You can file for divorce whether or not your spouse agrees - it just makes the process a little more difficult because you're both not in agreement to separate. This is called a "contested divorce".


You must file a petition for divorce, she will be served with the petition and be allowed to respond and you'll begin the process of dividing property, assets, child custody and support issues, etc.


The process is the same, but it just takes longer because everything will be contested; you'll have to go to court several times on various issues, etc.

Customer: replied 5 years ago.
There is no contesting, we both agree that we want to divorce. All assets have been divided (condo was sold,debts paid off) so there is no property to split. We have 1 child and have basically agreed on support payments.
Expert:  Roger replied 5 years ago.

Ok. Well, that's great that you have this agreed to. However, if she refuses to file uncontested (joint petition for divorce), you'll still have to file the petition on your own and sue her for divorce.


It will be a contested divorce unless you file a joint petition.

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