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

Asked over 1 year ago - Brooklyn, NY

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. Brian Daniel Perskin

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

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

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  3. Marco Caviglia

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

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Related Topics

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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