Under New York’s no-fault divorce grounds, called Irretrievable Breakdown, you can attain a divorce unilaterally, even if your spouse won’t sign the divorce papers.
Once served, your spouse will have 20 days to notify the court of their intention to contest the action.
If they fail to do that, then 40 days later, you can ask the court to issue a default divorce, and the action will conclude.
There are risks that your spouse may try to fight a default divorce after the fact, but their timing is critical to success.
While a court may be willing to hear a good faith argument following a default divorce, simply refusing to participate out of anger or spite will not typically result in a favorable outcome for your spouse.
If your spouse won’t sign the divorce papers, odds are that they are hurting themselves much more than they are hurting you.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you end a marriage, even if your spouse won’t sign the divorce papers.
If you’re spouse won’t sign the divorce papers and you have questions, call us today at 718-725-9601 and speak to an experienced Brooklyn divorce attorney for free.