The divorce process begins when a spouse files a complaint with The Supreme Court of the State of New York to initiate the proceeding. When a person is served divorce papers, ignoring the documents or delaying a response can impact the outcome of their divorce.
The time frame for responding to divorce in New York will vary based on how you were served. Obtaining a knowledgeable divorce attorney as soon as possible may help protect your legal rights. Call our legal team today to find out more.
The time frame in which a spouse responds after they are served with divorce papers will impact whether the proceeding is considered uncontested or contested.
In an uncontested divorce, the married couple both agree to the divorce and have reached a compromise on issues such as child custody or the division of marital property.
A contested divorce occurs when a spouse does not want to get divorced or disagrees about the reasoning issues involved like spousal maintenance (formerly known as alimony).
When a defendant in New York is served divorce papers, they must formally respond within a specified period. However, the time they have to respond is based on their location, according to N.Y. C.P.L.R. § 320(a). Those served papers in New York have 20 days to respond, while individuals outside of the state have 30 days to do so.
The proceeding is considered an uncontested divorce if the defendant signs and returns their affidavit after being served. The defendant can also contest the divorce by filing a notice of appearance.
If the spouse does not respond after being served, they will lose their right to contest or challenge the divorce. Failure to return an affidavit or file a notice of appearance allows the plaintiff to pursue a default judgment, and the proceeding will commence as an uncontested divorce.
When a defendant in New York does not respond within the deadline of being served a divorce, they cannot challenge many critical issues during proceedings.
For example, child custody is a commonly highly contested matter during a divorce. The division of marital property is another vital issue often challenged in these proceedings.
New York follows the rule of equitable distribution under N.Y. Dom. Rel. Law § 236(B). This means that a couple must generally divide marital property fairly, although this does not necessarily mean an equal split of the assets.
If you were served divorce papers, you should consult legal counsel about the time frame for responding to divorce in New York. If you do not respond promptly, you may lose your right to contest the divorce.
A determined lawyer with The Colwell Law Group, LLC is available to provide a complimentary consultation about your situation. Call today to learn more.
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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