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If a signed affidavit of Defendant has been signed and notarized but not filed, what are her rights in wanting to contest it now

| Feb 19, 2016 | Uncategorized

Q: My wife and I made a mutual agreement to divorce ( uncontested divorce) in NYC. She has signed and notarized the affidavit of defendant which says she has waived her rights. Now she is threatening to contest the uncontested divorce. I have an index number but have not filed her affidavit of defendant with the court yet. What can I do? Does she have the right to contest it?

A: David’s Answer: Theoretically, she could hire an attorney to file a motion to vacate the affidavit. That doesn’t prevent you from proceeding to file it & getting the judgment (I.e., you don’t have to wait to hear back from her or her lawyer at this point). Call a Bronx Uncontested Divorce attorney to schedule a consult for a full assessment. – David Bliven, Bronx Uncontested Divorce Attorney, (www.Blivenlaw.net)

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