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What period of time is given to a spouse after being served a summons for divorce ,

Brooklyn, NY |
Filed under: Divorce

I had my wife served a summons for divorce I want to know how much time the courts allow her to respond before they issue a divorce by default.

Attorney Answers 3


  1. Your wife technically has twenty days, however, most times it is better to wait at least 45 days before proceeding to a default judgement


  2. Twenty days, I normally give them 40 days to be safe to file for an uncontested divorce.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. The big question is whether the failure to respond is intentional pursuant to an uncontested divorce by agreement, or whether the other spouse is just being non-responsive. Courts readily reopen default judgments if the defaulting party has a good reason, as public policy dislikes default judgments. However, the other attorneys are correct regarding the time to respond, and assuming that your spouse was personally served.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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