≡ Menu

What Happens When My Spouse Doesn’t Respond To The Papers? What’s A Default Divorce?

When your spouse is served with your divorce complaint, the court will wait for their reply, called an answer.

In some cases, your spouse may simply choose not to answer, in which case your divorce will proceed without your spouse’s input, in what is known as a default divorce.

Once you have served your spouse and the required 20 day window for an answer has passed (30 days if your spouse lives out of state), failure to answer means that your spouse has chosen to default. You’ll submit proof to the court that your spouse was served, and then file a petition requesting that the court record the default.

The court will schedule an inquest hearing to go over the settlement you’ve filed, and in most cases, your divorce will be granted after that.

Default is one of the fastest, least expensive ways to get divorced in New York, and many couples have agreed to use the default process to get a quick divorce.

There are risks for you though, and your spouse has the right to change their mind even after the divorce is granted.

For help ensuring that your divorce goes as smoothly as possible, call the Brooklyn divorce attorneys at Zelenitz, Shapiro & D’Agostino today at 718-725-9601 for a free consultation.

Comments on this entry are closed.