Question #62: My friend’s husband has filed for divorce on the grounds of cruel and inhuman treatment. He is going to have the summons delivered within the next day. The fact of the matter is that he is a homosexual and has never had sexual relations to me. She did not learn of his sexual preference until recently. She was trying to make the marriage work since it was arranged. He even kicked her out of the house and cut off all her money. We believe he is doing this so he won’t have to give her much money since he makes a very good living. How long does she have after the summons is delivered? If she avoids the summons can he declare a divorce publicly and it be in effect? She is in New York Metro Area. Please Help.

She has 20 days to answer the summons from the date of receipt.

There are many details to the way the summons is served and if it is

accompanied with the Complaint or just with a Notice which may change the

way in which you must respond.

I do not understand what you mean as ” declare the divorce publicly” but he must make a

serious effort to serve her personally.

Please have her call me at 212-370-1660 to discuss mediating the divorce.

Leonard M. Weiner, Esq.\Divorce Solutions