Can I be granted a divorce if my husband is not contesting the divorce but does not answer the summons for divorce

Asked 6 months ago - Corinth, NY

am filing on my own and he has not answered the summons

Additional information

I am filing everything on my own.once he is served the summons for divorce and does not sign it I wont have that paper to file .what do I do if it was the sheriffs department that served him.

Attorney answers (5)

  1. Jeffrey B. Peltz

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes, this is called a divorce by default.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . Default is possible. But it requires paperwork.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Howard A. Schwartz

    Contributor Level 20

    Answered . Yes. The judgment can be granted based in the defendant defaulting.

    This answer is only for informational purposes and is not meant as legal advice.
  4. Arthur Wemegah

    Contributor Level 15

    Answered . Yes, you can be granted a default judgment which will permit you the remedies you seek in your divorce complaint.

  5. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    Answered . Have your husband served by a process server. The server will then file an Affidavit of Service.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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