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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question about uncontested divorce in new york

Customer Question

i have a question about uncontested divorce in new york state
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: New york city
JA: Has anything been filed or reported?
Customer: we have both signed the documents, and it was given to the courts on the 4th of october 2016 i am the defendant fyi
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know if she can withdrawl the application without both of us agreeing
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
I am the defendant
We have both signed uncontested divorce papers
The papers are with the court in Kings county New York, The case has a calendar number but no justice has been assigned.
I want to know if my wife can withdraw the application without me agreeing to it.
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In short, the answer is yes. If someone in your situation simply signed all your rights away via waiver, then she can drop the divorce. However, if you COUNTERSUE, then she cannot.

This may mean that you may have to refile after she drops the suit.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Customer: replied 9 months ago.
What does it mean "signed all your rights away via waiver"
Customer: replied 9 months ago.
I was served divorce papers, i signed them. Does this mean i signed my rights away via waiver?
Expert:  Ely replied 9 months ago.
When a Defendant is served papers, they can also sign a WAIVER which allows the Plaintiff to proceed without the Defendant being notified.
Did you sign this? It all depends on what you signed.
Also if you do not reply in a timely way, the Plaintiff may file for default.
So it all depends on what exactly you signed.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 9 months ago.

I don't think i signed a waiver. All i signed was the divorce document. here is a link to the document that i signed. ******************************

Expert:  Ely replied 9 months ago.
I am sorry, I cannot link to third party websites from this website.
Any way you can ATTACH that document with your reply?
Customer: replied 9 months ago.
its an 11mb file, it won't let me upload it. is there another way?
im trying to downsize it now
Expert:  Ely replied 9 months ago.

Yes. Please email it to *****@******.*** and let them know this link and that you are passing on a file:

professional.justanswer.com/chat/index/3b1208e2babe4f968d3b59d625bcf094

They will pass it on to me, and I will let you know when I get it. It might take a few hours.

They used to not take files over 1MB but not sure if this is still the case. Size it down if you can.

Customer: replied 9 months ago.
ive managed to compress it, see if this works for you
Expert:  Ely replied 9 months ago.
Yep. Where is your signature on that document - what page? Or what did you sign exactly? If you signed something else, I need to see THAt document. Thanks.
Customer: replied 9 months ago.
My signature is on the very last page. page 15this is the only document that i have signed
Expert:  Ely replied 9 months ago.
See page 10. There, begins an affidavit that you signed, it seems (the pages later are a bit out of order and blurry). See the bottom of page 10. That is a WAIVER clause. Seems you signed a waiver, unless I am mistaken. Again, the document is blurry and out of order. She may proceed (or not) without you. You may have to refile if she drops the case before you can do anything.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 9 months ago.
it says" i waive the service of all further papers in this action except for a copy of the final judgment of divorce"is that what you are referring to ?I sent a more hi resolution copy to that email you gave me. You haven't received that yet have you?
Expert:  Ely replied 9 months ago.
No, I have not received that yet. Yes this is what I am referring to.
No, I mean the paragraph beginning with I APPEAR IN THIS ACTION HOWEVER I DO NOT INTENT TO RESPOND.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 9 months ago.
Ive attached that paragraph,So this means she can withdraw without my permission?
Expert:  Ely replied 9 months ago.

Yes.

Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.