What Do I Do if My Spouse Refuses to Agree to a DivorceTuesday, September 25th, 2018, 11:11 pm
If you want to get divorced, but your spouse refuses to talk to you about it, what can you do? Even if you have filed for divorce, your spouse may claim they haven’t received the paperwork or even outright refuse to sign it. Fortunately, there are legal ways of getting around this, so you won’t be trapped in a marriage you want out of. However, you do have to understand how the law works in this case so the divorce happens as quickly as possible.
Your Spouse Must Be Served Correctly
There are a number of different regulations surrounding how your spouse is served the divorce paperwork. These regulations must be followed in order for the court to legally recognize that your spouse was served and is choosing to ignore the divorce. If these rules aren’t followed, your spouse can claim to never have received the paperwork. You then have to being the process again, making certain the regulations are followed.
This is the hardest part. Once you’ve correctly served the divorce papers and can file proof that you have done so, your spouse, then has 20 days to respond (30 days if they live outside New York). After that, you must wait an additional 45 days. If your spouse still hasn’t acted in any way on the divorce, you’re free to move to the next stage.
Motion for Default Judgment
Your next step is to petition the court for a default judgment. This means that the court will automatically grant your divorce. You will appear in court to state that you want your divorce granted and why you believe it should be. This court appearance may also involve some additional waiting depending on how full the docket is. You could be granted a default divorce within 65 days after serving your spouse, but in reality, expect it to take longer due to the court’s schedule.
Filing for a default judgment in a divorce is a more difficult process than a standard divorce, especially if there’s a good amount of property or children involved. That’s why you need expert legal advice. The FK Law Group is here to assist you, so contact us today to discuss your case.