If you've decided that divorce is the right solution for you, you’ll begin the process by filing a divorce complaint and summons in your county's State Supreme Court. Under New York’s divorce law, you must serve your spouse with the documents so that they can file a response. If they don’t file an answer within 20 to 30 days, you can seek divorce by default, which means your spouse isn’t contesting your petition. Divorce by default isn't just limited to occasions when your spouse doesn't respond; it’s also a relatively simple process for couples who are splitting amicably. The helpful guide below outlines how these proceedings work.

4-Step Guide to Divorce by Default Under New York’s Divorce Law

1. Gather Necessary Paperwork

When pursuing divorce by default, you must submit numerous documents to the court. Your required paperwork includes the summons and a verified complaint, a request for judicial intervention, affidavits, proposed findings of fact and conclusions of law, and a judgment. A lawyer can help you prepare these documents.

2. Submit Documents to the Clerk

The Clerk of the Matrimonial Support Office reviews your documents to ensure they are correctly completed. If they are, your divorce law attorney will purchase a calendar number and place the case on the court’s docket.

3. Present the Case for Consideration

The clerk will present the numbered case to the next available Justice or Court Attorney-Referee for consideration. Cases may be set for hearing, or judgment may be granted without a hearing.

4. Conclude the Case

Signed judgments go to the County Clerk's Office for entry in the minutes and placement in the permanent file in the Record Room. The clerk sends a postcard to you or your divorce law attorney advising that the papers have been signed. 

Since 1992, the knowledgeable divorce law attorneys at Brown, Burgoon, & Hartnagel, P.C. in Bardonia, NY, have represented clients throughout Orange, Rockland, and Westchester counties who seek divorces. They ensure the paperwork is completed and filed properly, so divorces by default end smoothly. These experienced legal professionals are also adept at handling more complex cases and protecting your best interests. For the dedicated service you deserve, contact a family law attorney on their team today. To schedule an initial consultation, visit their website or call (845) 624-1966.