Q: when do i file the plaintiffs affidavit to the divorce case i filed. does it have to be filed with the verified complaint of can i file it later?
2) if i don't file it with the complaint can the other side dismiss my complaint as not stating an action with the proof in the affidavit?
3) i filed a third party affidavit and wife is trying to strike the affidavit as hearsay. What are the chances someone with personal knowledge and the affidavit will be stricken?
A: David's Answer: You would only be submitting a plaintiff's affidavit in an uncontested divorce. If your wife filed a motion to strike the third-party affidavit, then it's no longer an uncontested divorce - anticipate the Judge/Referee to schedule a court conference soon. Schedule a consult with a NYC Divorce attorney for a full assessment. -- David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)