What to do if I filed for an uncontested to divorce that my spouse agreed to but then chose not to sign a year ago?

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What to do if I filed for an uncontested to divorce that my spouse agreed to but then chose not to sign a year ago?

I live in 1 stae and my spouse lives in another. Also, they don’t want to be found. We have no children together and I don’t want alimony. I have not seen my spouse in over 7 years. Is there anything I can do that’s easy? I don’t have much money.

Asked on November 5, 2012 under Family Law, New York

Answers:

Jason Ostendorf / Law Ofice of Jason Ostendorf

Answered 8 years ago | Contributor

It is fortunate that you do not have the need in your case for a high-asset divorce lawyer.  Enforcing a broken separation agreement is difficult enough without multiple properties, pensions, stocks, etc.  Most states allow for default judgment if the spouse does not respond to a filed complaint.  So, file the divorce complaint, properly serve the spouse, and see if the spouse responds.  If no response, seek default judgment for very quick relief.  If the spouse does respond, since you are not seeking alimony, etc., it is difficult to see how the spouse would dispute anything.


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