It is a fair assumption to think that a divorce requires two people’s consent. Typically, the person filing for divorce must formally serve their spouse the divorce papers. For the proceedings to continue, they are required to respond to the summons.
However, in New York, if the spouse refuses to respond to the summons within a certain time period, the filing spouse can move forward with the divorce proceedings.
The process of obtaining a no signature required divorce—or a default divorce—is set up so that your rights are upheld regardless of whether or not your spouse chooses to cooperate. However, that isn’t to say you can just pretend you notified them of the divorce without actually attempting to do so. The first step is formally notifying them that you’ve initiated divorce proceedings. If you were able to locate and serve your spouse the papers, they then have twenty days to respond. If they fail to do so, the divorce will proceed in “default.”
Remember, a default divorce can only occur if the spouse is properly notified that the divorce filings had been initiated. For a lack of response to be claimed, the spouse must have received the divorce summons. Because this is an important criterion to meet, it is best to hire a seasoned lawyer in New York to help you formally serve the divorce papers.
In some cases, the person filing for divorce is unable to locate their spouse to serve them the papers. Oftentimes, this is because of a long separation that resulted in a lack of contact and one of the spouses moving out. If you have documented all avenues you took to locate your spouse and prove that you made an honest effort, you will be required to publicize the divorce notice in the newspaper for three weeks. If your spouse has still not reached out to you, the divorce proceedings can continue.
If you have taken all of these actions and your spouse still hasn’t responded, your divorce will be considered uncontested. This means that while you will still have papers to sign and the legal process to go through, your spouse will no longer be included in the process. While this may seem daunting to go through alone, you will feel relief once the divorce is finalized and you are able to move forward.
If you would like to file for a divorce and are having trouble contacting or locating your spouse, contact our office today to consult with a qualified attorney who can guide you through the process.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease.
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