Question #152: My mom is 80 yrs old. Married a man (similar age) about 3 yrs. ago. Of course they have never been intimately involved during this marriage. She moved out of their living together over a yr. ago. She was served divorce papers, reason abandonment. If she wants nothing from the marriage and is not entitled to anything such as the home previously owned by he and his deceased former wife or support (alimony) and she is completely uncontesting the divorce, again wants nothing, does she have to turn over her financial documents and appear in court or will a letter to the court and cc his attorney be enough?

If she received a Summons and Complaint she must answer
within a certain time ( generally 20 days from receipt) in which she
must admit or deny each any every allegation. Otherwise she will be in default.

If she were to mediate the divorce she could avoid the hassles
of court and reach a negotiated settlement which could then be
presented to the court as an uncontested divorce with a stipulated settlement
agreement. If she is living in the NYC metro area, have her get in touch with
me to discuss the matter in greater length.

Sending a letter to the court or informally contacting opposing counsel will
no protect you mother. She needs legal counsel to represent her and do it right.

She may be entitled to some form of support and also equitable distribution
of marital assets which include most property acquired during the marriage,
no matter how title is held.

Leonard m. Weiner, Esq./Divorce Solutions