Is your spouse refusing to participate in your divorce case? Although this may be frustrating, it can also be very beneficial to your case as well. New York law allows you to simply continue filing for a divorce without your partner’s cooperation. If you have questions on how to move through the divorce process without your spouse’s help, contact Simonetti & Associates so our divorce lawyer in Massapequa will be able to help you!

Will the judge cancel my hearing if my spouse fails to show up?

The judge will not cancel a support hearing if your partner fails to appear. The judge may reschedule a hearing if your spouse’s absence was caused by a significant injury or illness. Otherwise, the trial will not wait for your partner and will continue to move forward without their cooperation.

What happens if my spouse fails to respond to the summons or verified complaint?

If your partner does not file an answer to the divorce complaint within the allotted time period, you can proceed with the trial as a “default divorce.”

Default divorce

This occurs when your spouse receives notice that you have filed for divorce and they chose not to respond to that complaint. New York law permits you to proceed with the divorce, regardless of if your partner chooses to respond or not, by filing for default. You are able to file for default 45 days after your spouse fails to respond to either the summons or the verified complaint. If you have any questions about default divorce or whether or not you are able to file for one, please contact our divorce lawyer in Massapequa today.

How is default divorce beneficial to me? – Divorce Lawyer In Massapequa

A significant benefit for the spouse who obtained the default is that there is a high possibility they receive everything they previously requested. There is no reason why the judge shouldn’t grant your requests if your spouse failed to respond in the given time frame. Since your spouse has failed to attend court hearings, the judge is more likely to grant your requests rather than theirs.

We understand that divorce can be overwhelming and confusing, so we are here to help you through it. We offer a free, no-obligation consultation where we will carefully listen to your concerns and walk through the different options for filing for a divorce. During this time, don’t hesitate to ask our divorce attorneys any questions or concerns you may have. They are here to help ease the pressure of what can be an intimidating process and work diligently on your case. Contact our divorce lawyer in Massapequa today so we can effectively meet your needs and help you dissolve your marriage.