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Law Offices Of David Bliven
Law Offices Of David Bliven
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Can defendant file uncontested divorce as the contested is going over 7 years waiting for a decree?

  • By: David Bliven
  • Published: October 28, 2021

Q:Plaintiff’s Attorney fail to do facts and finding document to complete contested divorce and its over 7 years in waiting for a final decree. Both parties have testified in court with judge not wanting anything from each other. Only to find out that the plaintiff is insisting that I can do an uncontested divorce and sign an affidavit of defendant 4 in action for divorce. Please advise if this is true and it can be done with no harm from plaintiff. Thanks in advance

A: First, if you did a contested divorce, then usually the Court would resolve grounds at the oral settlement. If the Court did so, then all you’d need to do is produce the transcript along with the judgment package. If not, however, then either party may take the divorce in their name, but the other would still need to execute an affidavit withdrawing their pleading. Schedule a consult with a Bronx Divorce Attorney for a full assessment.

David Bliven, Esq.

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