Though it may pain you to do it, you may have to be the one who takes the initiative and files a Complaint for Divorce with the New York State Family Court. With this, you may also be tasked with the uncomfortable responsibility of ensuring a copy of this complaint and other relevant divorce papers are served to your spouse. Once you do all this leg work, you may be disappointed if your spouse does not make an effort to respond on time or at all. This may be especially frustrating if you mutually agreed that a divorce was in both of your best interests. Well, read on to discover the possible explanations why your spouse did not respond to divorce papers and how a seasoned Manhattan divorce attorney at Zimmet Law Group, P.C. can help guide you through your next course of action.
What are the possible reasons why my spouse did not respond to divorce papers?
According to New York State family law, divorce papers must be served by mail or through a process server. Even doing so accordingly, your spouse may not give you a response. Now, the possible reasons behind this may be as follows:
- Your spouse may be in denial about your divorce and think there is still a chance at reconciliation.
- Your spouse may be angry at how you ended things and is resisting making this process easy for you.
- Your spouse may be using their nonresponse as leverage to get their way on a certain divorce-related term.
- You may have had the divorce papers served by someone your spouse is uncomfortable with (i.e., your family member or new partner).
- You may have had the divorce papers served at an outdated address where your spouse no longer lives or works.
- You may have had the divorce papers served while your spouse was on an extensive work trip.
What happens if I do not receive a response from my spouse?
You must have a concrete understanding of why your spouse did not respond to divorce papers to learn how to proceed. That is, if it is something you can control, you may adjust accordingly (i.e., serve the divorce papers to the right address). But if it has to do with your spouse’s negligence, you may petition the New York State Family Court for a default judgment.
Now, a default judgment means that the court may grant your divorce without requiring your spouse’s signature. This is because your spouse’s nonresponse may be deemed as their agreement to it. Specifically, the court may make their Final Judgment for Divorce based on the requests for divorce-related terms you made in your initial Complaint for Divorce (i.e., alimony, child support, child custody, and property division), along with referencing the law.
Of note, this is so long as you can prove that your spouse has not responded within the enforced 20-day deadline (if they are served within the state). Plus, you need to prove that you provided your spouse with proper notice of the Complaint for Divorce.
If you still have lingering doubts about how to proceed forward, then please consult one of the competent New York City matrimonial and family law attorneys. Our team at Zimmet Law Group, P.C. will point you in the right direction.