You and your spouse may have been on the same page when you initially agreed to part your separate ways. But perhaps your spouse got cold feet once divorce papers came to fruition. In a situation like this, you may be wondering how to get your spouse to follow through with these proceedings. This is when a true default divorce may come into play. Follow along to find out what a true default divorce is and how a proficient Manhattan divorce attorney at Zimmet Law Group, P.C. can help you in executing this.
What is a true default divorce in New York State?
In New York State, a true default divorce is when one spouse petitions for divorce while the other spouse does not respond to it in the necessary time frame. This is considered a type of uncontested divorce because your spouse is not taking your divorce to the New York family court to fight for a certain settlement agreement. Rather, your spouse is neither fighting nor agreeing with your petition for divorce; but is instead displaying an indifference toward it.
To get a true default divorce accepted by the New York family court, you may have to prove the following circumstances as true:
- You have made a reasonable effort to formally serve your spouse with your petition for divorce (i.e., via a certified mail carrier or a neutral third party).
- You have made a reasonable effort to formally serve your spouse with a summons to appear in court, a child custody application, and other supplemental divorce papers.
- You have waited for a response for at least 30 days since you served your spouse with your petition for divorce.
- You have confirmed that your spouse has not filed a response with the New York family court.
- You have confirmed that your spouse has not conducted a written agreement with you.
If your spouse continues to be absent in your divorce process, then the New York judge may grant a true default divorce. With this, they will likely side with all your divorce-related terms. Overall, this divorce may take anywhere between three to eight months to finalize.
What should I do if my spouse does not cooperate in our divorce?
Though you may be frustrated, you must understand that there is likely a reason why your spouse is being unresponsive when it comes to your divorce process. Perhaps one way to get your spouse to communicate is by going to a mediator together. These open and honest conversations may just make it possible to negotiate a fair and just settlement agreement.
In the end, there is no time like the present to get your divorce case in order. So pick up the phone and call a talented New York City divorce mediator at Zimmet Law Group, P.C. today. We are looking forward to it.