I was served with initial divorce papers in December and had until January 2nd to respond. I missed the deadline. What happens now and what are my options?
Real Estate Attorney
Under the Civil Practice Act, Section 9-11-15, you have 30 days to answer and an automatic right to open "default" by filing a late answer for 15 more days if you pay the costs (typically around 80-100 dollars) of their filing. There is, strictly speaking, no true "default" in a divorce because they still have to prove up division of assets, etc., but you are within the 15 days in which you could file an answer as a matter of right if you prepare and file a notice of paying costs along with the answer.
This response is for informational purposes only and cannot be deemed to create an attorney client relationship. If you wish to discuss your particular case with one of our family law attorneys, you should contact us in private.