If your spouse refuses to “sign the paper,” you may worry that this will stop your divorce. Fortunately, in New York, while an uncooperative spouse can delay the process, increase stress, and raise costs, they cannot typically prevent the divorce from moving forward. New York courts have specific procedures for handling absent or obstructive spouses, ensuring a legal pathway to dissolve the union. Read on to learn more and see how our experienced Suffolk County Divorce Attorney can assist you during these difficult times.
What Steps Must I Take to End My Marriage in New York?
In New York State, jurisdiction over divorce proceedings is vested in the Supreme Court, not the Family Court. To commence the action, the plaintiff must file one of the following instruments with the Supreme Court in the county of residence for either spouse:
- A Summon with Notice, or
- A Summons and Verified Complaint
The filing of these documents formally opens the case, results in the assignment of an index number, and officially institutes the divorce action. After filing, the defendant must be properly served with the divorce papers by a neutral, non-party adult. This service of process must generally be effected within 120 days of the initial filing date.
The defendant is allotted a specific period of time in which to file a responsive pleading:
- 20 days if personally served within New York State.
- 30 days if served outside New York or via approved alternative methods.
If the spouse files an Answer or Notice of Appearance, the matter will be classified as contested until such time as a settlement agreement is executed. A failure to interpose a timely response may result in the entry of a default judgment against the defendant.
What If My Spouse Ignores the Divorce Papers?
First and foremost, it is crucial to understand that since 201o, New York has offered no-fault divorce, requiring only one spouse to testify to an “irretrievable breakdown” of the marriage for at least six months. In other words, parental consent is unnecessary. Divorce power ultimately rests with the Supreme Court. A spouse cannot legally stop the process, even by refusing or ignoring court documents. The court can finalize the divorce with or without your spouse’s signature if jurisdiction rules are met.
A spouse’s refusal complicates the case, shifting it from a swift, uncontested divorce to either a default divorce. A default divorce allows the court to proceed without your spouse’s participation. A default, however, does not guarantee the judge will grant every request. It simply means that your spouse has forfeited their right to contest the case unless they successfully petition to set aside the default for “good cause.”
If your spouse does not answer in time, the typical steps are:
- Proof of service
- Expiration of the response period
- Request for entry of default
- Submission of the default judgment packet
- Court review or hearing
If all procedural rules are followed and requests are reasonable, the judge can sign the Final Judgement of Divorce, finalizing the marriage dissolution without any signature or consent from your spouse. Contact an attorney at the Law Offices of Susan A. Kassel, P.C. to schedule a consultation.
