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Can I be granted a divorce if my husband is not contesting the divorce but does not answer the summons for divorce

Corinth, NY |

am filing on my own and he has not answered the summons

I am filing everything on my own.once he is served the summons for divorce and does not sign it I wont have that paper to file .what do I do if it was the sheriffs department that served him.

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Attorney answers 5


Yes, this is called a divorce by default.


Default is possible. But it requires paperwork.

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.


Yes. The judgment can be granted based in the defendant defaulting.

This answer is only for informational purposes and is not meant as legal advice.


Yes, you can be granted a default judgment which will permit you the remedies you seek in your divorce complaint.


Have your husband served by a process server. The server will then file an Affidavit of Service.

The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.

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