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Law Offices Of David Bliven
Law Offices Of David Bliven
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When Do I File A Plaintiffs Affidavit To My Divorce Case I Filed

  • By: David Bliven, Esq.
  • Published: January 8, 2016

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, (

David Bliven, Esq.

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