If your spouse files for divorce and serves you with the papers, you are required to respond. They generally have to wait for your response before the next steps in the divorce process can move forward.
Exactly how long you have to respond depends on where you were served. If you were in New York State at the time, then the law gives you 20 days to submit your response. But if you were outside of the state, then you get 30 days, giving you additional time to consider your options.
What if you do not respond?
In some cases, a person receives a divorce petition and never responds at all. They may forget to do so, accidentally miss the deadline or intentionally avoid participating because they do not want the divorce to happen.
If you miss the deadline, it is important to realize that your spouse can still move forward with the divorce, even without your input or involvement. The court can issue a default divorce judgment.
Realistically, it is usually best to respond so that you can be involved in important issues like dividing child custody rights or splitting marital assets. If you do not respond at all, it does not prevent the divorce from happening. It simply means that your spouse may move through the process without your participation, and the final terms may not be in your favor.
Starting the divorce process
Getting served with a divorce petition is just one of the first steps in the divorce process. As you gather evidence, attend hearings, make financial disclosures and address other legal matters, it is crucial to understand all of your legal rights and options.
