You can file for divorce on your own in New York. But after you do so, you have to serve your spouse – or hire someone to serve them for you – by giving them a copy of the divorce petition. They then have to respond to that petition so that the court can get the divorce process underway.
How long your spouse has to respond depends on where they were served. If they were still in New York, then they get just 20 days. If they were outside of New York, though, they get an additional 10 days, for a total of 30.
So, if you and your spouse are simply living together in New York when you give them the paperwork, they need to respond relatively quickly. But if they are traveling for business, if the two of you live in different states, or if they are serving in the military – just to name a few examples – it can delay the process.
What if they don’t respond?
There are some cases in which the deadline comes and goes, and the person who was served the divorce petition just does not respond to it at all. Perhaps your spouse does not want to get a divorce. They could intentionally ignore the divorce papers and refuse to cooperate.
If this happens, you still have to wait for the deadline to pass. Once it has, though, you can get a default divorce. You do not actually need your spouse to respond after that deadline has been exceeded. The court can make decisions about child custody rights, property division and the like.
That being said, a contentious divorce may follow if your spouse will not cooperate. Take the time to carefully look into all of your legal options.
Subscribe To This Blog’s Feed