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Question
My son was served by his wife with a summons & complaint for divorce. Accompanied with those documents she drew up a parenting schedule and support schedule. He has no objection to a divorce, however, he does not go along with the parenting schedule or the support schedule. He does not want to contest the divorce, however, he does not want incorporate the parenting and support schedule. The are both filing pro se. Does he have to file a Notice of Appearance as pro se or can he just file his Defendant's Affidavit leaving support and child visitation up to the Family Court?
Submitted: 18 days and 22 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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State/Country relating to Question: New York
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Posted by
Wayne Patterson
18 days and 22 hours ago.
Answer
Here are the forms and divorce information packets for NY.
http://www.nycourts.gov/ip/matrimonial-matters/forms.shtml
Start with the video and traning packet links at the upper left then here are the forms
http://www.nycourts.gov/litigants/divorce/divorce_withchildrenunder21.shtml#ucdforms
He does not have to file a notice of appearance but he has to file the Affidavit of Defendant. It will be in the best interests of both if they can reach an agreement and simply have that agreement approved by the court. Child support is based on income and it is unlikley that the judge will vary from the guidelines.
18 days and 22 hours ago.
Reply
If he replies with just the Defendant Affidavit, will the Court then refer all matters to the Family Court? They agreed upon a noncontested divorce and she drew up the papers and filed them without any discussion with him. He is now forced to argue re the visitation matters and support matters. What will follow the Defendant Affidavit from the Court?
Accepted Answer
Sorry but the Affidavit is only for an uncontested divorce. Here I thought that the tow of them could get together and agree. If not then he will need to submit his own to the court and file an answer. I could not find a NY form but here is one that you can modify to suit that should work. Anytime it is contested I strongly recommend an attorney.
http://www.state.wv.us/wvsca/Divorce/FC108.pdf
Expert:
Wayne Patterson
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11/4/2009
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Experienced in Construction Law and Traffic Law
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