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Hi, I wonder what happens when you are served for divorce by a paralegal and do not take any action?

Brooklyn, NY |

I have received in person a folder with summons for divorce from my spouse. At this point I do not want to do anything with it at leave it as it is. We don't have any children and asset. What is the worst case scenario might happen if I don't sign any papers and don't take any actions.

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Attorney answers 3


It is a very bad idea to ignore this. If you ignore this and fail to retain counsel, a default judgment will be entered against you for everything that your spouse requested---including alimony and assets. Once judgment is issued against you, your wife and her attorneys can take steps to collect it, including garnishing you wages, taking over your bank account etc. In short, ignoring this would be a major mistake. You need to retain family law counsel to represent you in this matter.


Your spouse will win a default judgment.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


If you do not take any action, you will eventually have a divorce by default, which may include, among other things, an order for you to pay support to your spouse. Thus, I suggest you take a moment to consult with a local attorney to review all your rights, options and obligations in this situation. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.



Thanks for the answer. I have received action for divorce form from my spouse's paralegal where it says that neither the wife nor the husband needs maintenance. I guess this tells that I do not have to provide any support to her.

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