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Withdraw divorce complaint?

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pattypalmer

Junior Member
How do I withdraw a divorce complaint in NY? I am the plaintiff. I do not believe there is a counter-complaint (but how would I find out)?

Do I need a lawyer?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


xylene

Senior Member
How did you file for divorce? (If you are in NY how did you do this without a lawyer...)

Was this like an impulse and now you don't want to do it and don't want wife to know...
 
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pattypalmer

Junior Member
I left my abusive husband and went to my parents house in a nearby state. I was still on maternity leave at the time. We had filed cross-motions for custody in family court in NY. The family court judge allowed me to unofficially remain in my parents' home.

Things were adjourned, etc., and generally got dragged out. We were working on a settlement but I was unhappy with the terms. Meanwhile, residency had been established in this new state (where I'd grown up).

Through a series of chance events, the law guardian never appeared in Family Court to request an adjournment and our cross-petitions were completely dismissed. Now custody is all up in the air. So I filed for custody in my new state.

But there are jurisdiction issues. So to alleviate those jurisdiction issues, I was hoping I could withdraw proceedings in NY and move everything to new state.

I was the plaintiff in NY.

But my attorney hasn't gotten back to me with any of his "research" yet on how to do this, if I even can (he has to look back on my file to see if there was a counter-complaint ... I wasn't actually served with papers but maybe they went to my attorney and not to me?).
 

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