Q: My wife is filing an uncontested divorce. Our case is simple since there is no conflict regarding assets, money or children. While I do not want to contest it, I would like to do something for my conscience that shows that this is her doing and not mine. Does my signing the defendant pwork mean that I approve of the divorce or merely the arrangements put in place for it? I was thinking of writing on the form ud-7 under point 2 regarding my consent 'Although I do not oppose or contest this divorce, let it be known that I do not agree with this divorce.' If I wrote that, would the judge interpret that as meaning that I am contesting?
A: David's Answer: Regarding your proposed language, the answer is "yes, there is a chance the Judge would interpret that language as at least unclear that you are not contesting." Thus, if you wish to signify that you are not consenting, but do not oppose the divorce, then just write that very language in, without the additional phrase of "not agreeing with the divorce." That said, before you do so, I strongly advise you to consult a Westchester Co. Divorce lawyer to know your rights and what you are entitled to (& thus what you may be waiving) in the case. -- David Bliven, Westchester Divorce attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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