My ex refuses to sign summary dissolution papers

[sediles]

New York State

I got married in late 2003 in the state of California. In October 2006, we seperated. Never during our time of being married did we share residence. Since August 2004 I have been in New York State, she has been in California. The time limit to qualify for dissolution in California is 5 years. We are coming up to that deadline in January 2009.

I have been trying to get her to sign dissolution papers, which she has stated in email that she would sign, but she's "not gotten around to it" for years now. We are soon approaching the deadline, and I am unsure what to do. Can I file for dissolution in NY State? I would like to avoid lengthy court proceedings if possible. Please help in advising me on my options in both obtaining her signature on the California dissolution papers, or getting a dissolution in NY State, or anything that might help my case.

PS
We were at the time of marriage, and continue to be, just students. We share no assets, no children, no property, nothing of value. Please advise as to anything I should be careful of. Also, do I have any grounds for annulment? I suspect she may have ulterior motives for retaining the marriage. Am I at any sort of risk? She has moved on to other relationships, as have I, and I have proof of it.What is the name of your state (only U.S. law)?

 

[mistoffolees]

Please advise as to anything I should be careful of.

Yes. In the future refrain from fraudulent activities.

What you did was clearly fraud and you could be held liable for the amount of financial aid she received if you continue to openly state that it wasn't a real marriage and you did it solely for her to get financial aid.

Forget the annulment. In order to get it, you have to admit fraud, including US tax fraud. Besides, an annulment takes longer and costs more than a divorce, anyway.

Go through with the divorce. There are procedures if she refuses to cooperate, but it will be a contested divorce and will take longer. You might ask her why she won't sign the papers and see if you can address the issue directly because it will be less expensive than a fight.

 

[ariastar]

I'm curious about this - can he file in him home state of New York? Can he file a regular contested divorce there and and end proceedings there if she will sign for a summary dissolution in California?

 

[Ohiogal]

I'm curious about this - can he file in him home state of New York? Can he file a regular contested divorce there and and end proceedings there if she will sign for a summary dissolution in California?

Only if New York has PERSONAL jurisdiction over his wife. Which apparently it does not based on what he has said.

 

[ariastar]

So the one filing has to file in the jurisdiction where the other spouse lives? How is it determined where filing must be done if the two parties live in different counties, or even different states?

 

[VeronicaLodge]

go back to your own thread

 

[sediles]

I was in my early 20s and realize what I did was wrong. I was young and naive, but now I am trying to find my best way out of this. So basically is my best shot a joint petition for dissolution? But if she doesn't agree to that, a contested divorce? I have been told by a practicing NY lawyer that I could file for divorce in this state because I've lived here for many years now. Is this the case?