Complaint Waived File For Divorce In Nassau
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FAQ
New York's “No Fault” Ground: What is “irretrievable breakdown of the marriage”? An irretrievable breakdown of the marriage allows one spouse, unilaterally, to end a marriage and to do so without the agreement of the other spouse.
Read the complaint and decide what to do. Read the complaint. You may agree with some, all, or none of the complaint. Write down next to each paragraph in the complaint whether you agree or disagree with what that paragraph says. If you agree with everything your spouse is asking for, you may not need to file anything.
Although you can complete a divorce without your spouse's consent, you must take steps to notify him or her of your intention to divorce. If you cannot locate your spouse, you can still file for divorce, but only after you have taken steps to attempt to locate and serve him or her with the divorce papers.
If everything is agreed upon upfront between you and your spouse, an uncontested divorce could be finalized within 3 to 6 months. However, if there are disputes over things like property, finances, or child custody, your divorce could easily drag the process out for over a year.
The court will not keep you in a marriage when you do not want to stay, regardless of what your spouse wants. In New York, when a divorce petition is filed and served, and the respondent fails to respond by the deadline, the judge can grant a default or “no signature required” divorce.
California is a no-fault divorce state, meaning you can end your marriage without stating a reason for wanting to do so. You can also divorce your spouse without their consent or even receive a response from them, as long as you have made a reasonable effort to contact them.
The simple answer is: your wife doesn't have to sign or do anything for you to get divorced. If NY has jurisdiction, you file here and then ensure she gets ``served'' with the papers. Once that's done, you wait a bit, and if she does nothing, your divorce paperwork can be submitted to the court.
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate. Collaborative divorce won't work. You will have to litigate your divorce.
File a motion for default judgment. If you are unable to reach an agreement with your spouse, you can file a motion for default judgment with the court. This will ask the court to enter a default judgment against your spouse without hearing from them. Hire a local attorney.
Oftentimes the court will grant permission to publish a summons, asking your spouse to come forward and respond. The summons must run for 28 days, and your spouse has 30 days from the final publication date to respond. If they do not, you can request a divorce by default.
