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

Attorney answers (3)

1. Licensed in NY

   

   Brian PerskinPro

   Brooklyn Divorce / Separation Lawyer

   Contributor Level 10

   

   EmailVisit website

   2

   Lawyers agree

   Answered February 19, 2013 13:16. Your wife technically has twenty days, however, most times it is better to wait at least 45 days before proceeding to a default judgement

   • Mark as helpful
   • Flag
2. Licensed in NY

   

   Jayson LutzkyPro

   Bronx Divorce / Separation Lawyer

   Contributor Level 20

   

   EmailVisit website

   2

   Lawyers agree

   Answered February 19, 2013 13:48. 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... moreIf 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. less

   • Mark as helpful
   • Flag
3. Licensed in NY

   

   Marco CavigliaPro

   Poughkeepsie Divorce / Separation Lawyer

   Contributor Level 17

   

   EmailVisit website

   1

   Lawyer agrees

   Answered February 19, 2013 16:05. 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... moreIf 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. less

   • Mark as helpful
   • Flag