Legal Question in Family Law in New York

divorce by default

i filed for divorce, my husband has not been served yet. If he does not sign the paper and he does not contest it either,after how long can the state of NY declare us divorced?How many years does it take after filing the divorce to be automatically divorced?


Asked on 10/09/07, 2:28 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: divorce by default

You can't be automatically divorced - it requires court action, and that action doesn't take place without proper paperwork.

Similarly,whether or not your husband signs any particular paper isn't a prerequisite to obtaining a divorce. If he's properly served with the appropriate papers and fails to respond, there are procedures that can be followed to obtain a divorce.

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Answered on 10/09/07, 7:37 pm


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