The dissolution of marriage is a complex process. However, when a marriage cannot be saved, divorce may be the only solution. When a divorce petition has been filed with the court by the spouse seeking the divorce, they must serve the divorce papers to the other spouse. These court papers serve as an official notice that legal action has been commenced to end the marriage. Once the receiving spouse has been properly served, they are expected to answer the petition within a specific time frame. Failure to respond within the stipulated timeframe can not only slow down the divorce process but can also lead to unfavorable divorce terms for the non-responsive spouse. As such, it’s importnat to understand what can happen if a spouse fails or refuses to respond to divorce papers in New York. Please continue reading to learn more about this matter and why connecting with a trusted Suffolk County Divorce Attorney is in your best interest.
What Happens if My Spouse Doesn’t Respond to the Petition for Divorce in NY?
There are numerous reasons a spouse may not respond to a divorce petition. They may try to avoid taking responsibility for the marriage ending, delay proceedings, be unwilling to engage in a divorce, or simply be unaware that the action has been taken and therefore unable to respond to the petition in time. Whatever the case may be, if they fail to respond within the specified time frame under the law, you can request a default judgment from the court.
If your spouse fails to respond to your divorce petition, you can file a motion for a default divorce. This motion will inform the court that your spouse has failed to answer the petition within the required time frame. It’s important to note that you will need to provide proof of service, which shows that you have served your spouse with a copy of the petition, meaning they had notice of the legal action and the opportunity to file a response. After the judge has satisfied all efforts, they may proceed with entering a default divorce.
What is a Default Divorce?
A default divorce is a judgment in which the judge will consider the petitioning spouse’s arguments and reach a verdict without the respondent. Essentially, the court will grant the divorce based on the terms outlined in the initial divorce petition. Without an answer to the petition, the court will assume the respondent doesn’t contest the terms that will apply to the termination of the marriage. The judge will issue a divorce solely based on what the petitioning spouse has stipulated and provided in court. However, that doesn’t necessarily mean that the court will award the petitioning spouse all of the marital property or enforce unjust support orders.
As you can see, it’s possible to end your marriage without your spouse’s cooperation. If your spouse has failed to respond to the divorce papers, please don’t hesitate to contact a determined attorney from the Law Offices of Susan A. Kassel, P.C., who can help you navigate your legal options and protect your interests. Connect with us today to learn how we can fight for you.
