How long does a spouse have to respond to a divorce petition?

On Behalf of | Jul 26, 2024 | Divorce

When one person files for divorce, they serve their spouse the divorce papers. They may do this themselves, or they may have the papers served by a third party. Either way, their spouse gets the divorce petition, which they are then supposed to sign and file appropriately. Once they do that, the divorce case goes on the court’s schedule.

But that spouse does not have to respond right away. Under New York law, they have 20 days to do so. They do need to move relatively quickly – other states provide more than 20 days – but they can take time to read over the paperwork, do their legal research and consider exactly what steps they want to take.

What if they don’t respond?

If they never respond, the spouse who filed for divorce can eventually move forward with the legal process on their own. This is often referred to as a default divorce. The non-responsive spouse has defaulted, but the court still has the ability to grant a divorce.

That said, the court cannot do this until the 20-day time limit has been exceeded. Even if the spouse who filed knew the entire time that the other person didn’t plan to respond, they would still have to wait for that deadline.

It’s also important to understand that just because a spouse only has 20 days to respond to the petition, that doesn’t mean that a divorce will be over quickly. Once the initial petition is filed and served, the respondent spouse usually will make a number of motions of their own. This begins the process of slowly sorting out the issues that have to be decided, including how assets and debts will be divided and whether there will be any kind of spousal support.

Those who are going through a divorce in New York can highly benefit from experienced legal guidance, especially with a difficult or nonresponsive spouse. 

At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.

 

 

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Mia Poppe, Esq.

Mia Poppe, Esq.
Managing Partner