Skip to main content

I served my spouce with papers, it's been over 4 months since this has happened, what do I do now?

Bethpage, NY |

I served my spouce with the divorce summons a few months back, and he has not responded, and I don't know what to do now. There is no assets between us, no children, property, no investments ect, I am not asking for anything but to be divorced. I need help on what o do next I am not using a lawyer because I can not afford one, and since there are no assets.

+ Read More

Attorney answers 7

Best Answer
Posted

It sounds like you qualify for a default divorce. You can proceed with the rest of the divorce filing and submit the affidavit of service with the divorce package. You might want to ask the court help office at the court where you filed for an uncontested divorce package. It is also available on the New York Courts website. Good luck! Filing your own divorce without a lawyer is a huge task, even if you have no kids or assets.

Asker

Posted

Would this be the one to file? Affidavit in Support of Order to Show Cause to Vacate Default Judgement?

Posted

You need to get the return of service on what you served him with and file it with the court then ask for a court date to move the case along. Summons do have an expiration date so be careful and mkae sure it was properly served.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Posted

You need to file the affidavit of service. Pleae note service needs to be done by someone other than you who is at least 18 years old. Then you purchase the Note of Issue and file your papers on default.

Posted

Unfortunately, service is incomplete until you file a proper Affidavit of Service with the Court.

You would be well-served to discuss your dilemma with a New York landlord-tenant attorney in a confidential forum as soon as possible.

Jill Marie Zuccardy

Jill Marie Zuccardy

Posted

Why a landlord-tenant attorney?

Edwin Drantivy

Edwin Drantivy

Posted

Sorry, meant domestic relations/family law attorney.

Posted

If your Summons was served properly, you file the Affidavit with the County Clerk. Then you need to file for a default. You should retain an attorney to file the papers. Many attorneys will charge a set fee for uncontested matters.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

Posted

File a motion for a default judgment.

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.

Posted

It must be very confusing for you trying to do this without an attorney. I will answer your question, but first let me recommend that you should contact the State Bar of New York. They may be able to refer you to someone who can help you Pro Bono ("without charge"). There are many fine law schools in New York State and some of those schools may have clinical programs where law students assist people who cannot afford private legal counsel. In Texas, where I practice, the State Bar of Texas actually publishes forms on their website to assist people who cannot afford an attorney and want to do their own divorce.

I cannot speak for the State of New York, however I am guessing the process is similar in most states, you start with an (1) original petition for divorce. You would file this with the District Clerk in the county where you have been a resident for at least 90 days (time period varies by state). Next you would notify the person whom you have sued of the lawsuit by (2) filing a notice. Notice is a form generated by the District Clerk and you might find the forms for requesting notice there at the district clerk's office. Next you would file a (3) motion to set a hearing on your case. Most states have very strict rules how much time you need to wait after the party has been served with notice before the hearing can be set. This would be found in the New York Rules of Civil Procedure (for civil cases filed in New York), which you may find online. After waiting for the prescribed period (3 days in Texas) you can request the district clerk place your case on the docket. This is done by filing a motion to set and order to set in Texas. Your state may have a different name but it should be something similar. The district clerk will give a date for the hearing. This notice of the hearing must also be served on the other side, using the process server again will be best. In busier counties, the courts will have a separate docket for people appearing Pro Se (without an attorney). Look to see if your county has a separate Pro Se docket. This can usually be done either by asking the district clerk or going to the district clerks website. When you appear, if your original petition for divorce met all of the requirements (names of parties, dates of marriage and separation, reason for divorce, jurisdiction of the court, the fact that there are no children of the marriage and no real property issues, and a prayer asking the court to grant you relief) you should be able to take a default judgment if the other side does not appear.

Again, this is a real simple explanation and I think if you are confused you should talk to a New York State family lawyer. Some lawyers might only bill you for one hour to look over your forms.

Here is a link provided by the New York Bar Association that might help:

http://www.nycourts.gov/divorce/forms.shtml

Hope this helps--Good Luck

Answering a question on AVVO.com is for general advice only and does not in any way create an attorney-client relationship and is given for the sole purpose of advertising. Each state has its own rules governing the attorney-client relationship and you should check with the state bar in your state for the rules governing the attorney-client relationship as they may and or are likely to be inconsistent with answers to general questions you receive on AVVO.com. Answers you receive on AVVO.com should not be taken as legal advice as they are given solely for the purpose of lawyer advertising, specifically aimed at potential clients in local jurisdictions where the attorney's primary practice is located. Local rules may vary from county to county even within a state. You should, as a matter of practice, contact an attorney located in your jurisdiction for legal advice and act only on that advice. You should not take substantive action, other than making further inquiries from a licensed attorney in your jurisdiction, based on information that you receive on AVVO.com.

Howard E. Knispel

Howard E. Knispel

Posted

New York Law and Procedure is different. I would caution any NY resident from taking advice from attorneys out of state who do not regularly practice in NY.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer