In many cases, couples come to the difficult conclusion together that they need to pursue a divorce. Even when divorces are more one-sided, the other party usually anticipates it. However, in some instances, receiving divorce papers can come very unexpectedly. If you have been served with divorce papers out of the blue, you are likely confused about how you should proceed. Despite the initial shock, you must act quickly to protect your rights and interests. Please continue reading to learn what you can do if you are blindsided by your spouse’s choice to file for divorce and why connecting with a dedicated Suffolk County Divorce Attorney is in your best interest.
What Should I Expect When My Spouse Files for Divorce in NY?
If you have unexpectedly been served divorce papers in New York, it’s in your best interest to consult a divorce attorney who can assess the unique circumstances of your situation and help you appropriately respond. It’s imperative to take immediate action as surprise divorce filings will put you on a tight timeline. In New York, you only have 20 days to respond, while individuals outside the state have 30 days to do so. If you fail to comply with this deadline, the court can enter a default judgment against you. Essentially, this means the judge can decide the case without your input, and they will be more inclined to grant your spouse’s requests.
It’s important to understand the proceeding is considered an uncontested divorce if the defendant signs and returns the affidavit after being served. The defendant can contest the divorce by filing a notice of appearance. When you receive the summons and complaint, you must carefully review them.
What Steps Should I Take if My Spouse Unexpectedly Files for Divorce?
Understandably, facing a divorce is never easy, but it’s important to maintain your composure and not panic. Such a reaction can lead to errors in judgment and mistakes that can jeopardize the results of your case. To best prepare yourself for the impending legal process, you should gather financial documents. This is important as these papers can help you understand what is individual vs shared property to ensure a fair settlement. This will also help you determine whether you will be entitled to receive or obligated to pay alimony.
Nevertheless, the most important thing you can do when blindsided by your spouse’s decision is to connect with a seasoned divorce attorney who can guide you through this complex process. Divorce is a significant legal matter. At The Law Offices of Susan A. Kassel, P.C., we understand what is at stake. Connect with our firm today to learn how we can fight for the best possible outcome on your behalf.
