[NCMushkarac]

Hi, after responding to an original complaint nearly a year ago and subsequently filing agreements regarding child custody, child support, equitable distribution, an alimony, the only thing remaining is the one year separation. Once the one year waiting period has passed and my wife's (plaintiff) attorney serves me for the absolute divorce through certified mail, am I required to respond? If I sign receipt of the documents, but do not wish to sign (I do not wish to divorce, and do not wish to show that I approve of it) the documents, are there negative consequences for me? Since, all other financial/custodial issues have been agreed upon, what impact, if any, will my refusal to agree to the divorce or appear in court have on the situation? Thanks!

[JudyKayTee]

She will get the divorce by default if you don't appear. All issues are settled so it will make little difference.

[NCMushkarac]

Thanks for the response. I will actually be in New York State when this happens. It is my impression that nothing different will happen if I refuse to agree to the divorce, that the plaintiff only need show proof that I was served the documents by certified mail, and that the same ruling will take place. Is this true, or is there a requirement to run an ad in the newspaper for 30 days even if I accept receipt of the documents? Since all other issues have been resolved, will my refusal to sign change the court proceedings from that of an uncontested to contested, and if so, does this require further litigation/expenses? Basically, I do not want to exacerbate the situation at the end of the separation period, and I know that I cannot legally prevent my wife from obtaining a divorce; however, since I do not condone the divorce, I feel signing the divorce paperwork would contradict my position on the matter.