If the Respondent signs the Respondent’s Statement of Declaration or Default without responding, the divorce is considered “uncontested” and you may complete the remaining uncontested divorce paperwork, including the “Notice of Extradition” form.
As you can see, the divorce becomes undeniable. after the Defendant signs the Defendant’s affidavit or fails to respond in full to the Statement of Notice or Statement and Denunciation.
If you went through mediation and your spouse signs the original agreement for custody, alimony, etc. but does not sign the divorce papers, the judge may proceed with the hearing without resistance.
First, if your spouse does not sign the divorce papers or respond to your petition, your divorce attorney may ask the court to make a default judgment against your spouse.
If you successfully filed for a divorce and your spouse filed no alternative, but did not sign the final divorce papers, some state courts may allow the case to proceed as if it were not contested.
Defendant has 30 days to Respond
You and your divorce lawyer simply need to file a divorce petition with the court. If your divorce is contested, you may file the original Defendant’s Response Form and the original Defendant’s Divorce Counterpetition Form.
You will need to submit an affidavit to the court to prove that your divorce application was served, and you will need to provide evidence that your spouse did not respond.
If your spouse responds to the divorce petition within the 30 days permitted by law, your spouse may contest the terms of the divorce. State and local rules may vary, but generally, if your spouse has not responded to your divorce petition within 30 days, you can file a default claim along with a proposed sentence.
At this point, it is in your spouse’s interest to finally respond to your request; if they don’t respond within 20 days, the court will decide it’s an uncontested divorce.
What to Do When defendant does not respond
Assuming your spouse does not file a response, the judge will order an absentee hearing on your uncontested divorce.
Collect all the necessary documents for divorce and file an application for divorce in court; Once the petition is filed, the reluctant spouse will be notified of the divorce papers; Your spouse has 20 days to respond to your question; If your spouse does not respond within 20 days, you can file a default divorce petition with the court along with a proposed sentence; The judge will consider your request and your proposal for a ruling; and you will appear before a judge in the absence of your spouse to obtain a divorce order.
You can still file a motion, and if your spouse does not provide a response or does not appear at the court hearing and you can show that you made reasonable efforts to serve your spouse’s divorce papers, the judge may grant a default judgment.
If one of the spouses refuses to accept legal documents, refuses to respond to them, and/or does not appear on any court date, the divorce proceedings will still proceed
If the one spouse refuses to participate in the divorce proceedings, the court may satisfy the petition based on the testimony and evidence presented by the spouse. If you do not respond to divorce papers or do not hire a divorce attorney, the court may allow the divorce on the terms required by the spouses.
Spouses do not need to agree to a divorce in order for the court to dissolve the marriage. Under the New York state’s no-fault divorce laws, the court can dissolve a marriage at the request of one of the spouses.
Divorce without cooperation of the Defendant
Under New York Divorce law, courts allow divorce cases to be heard even if one spouse is unwilling or attempts to obstruct the process by refusing to participate. In fact, divorce can still be done without the cooperation of the other spouse.
Regardless of whether the other party cooperates and signs, the court can still finalize the divorce. If the spouses can resolve their disputes through a settlement agreement, and if the settlement agreement does not violate any law or justice requirement, the court will incorporate the settlement agreement into the final decision on the divorce.
If you refuse to sign the settlement agreement, your spouse can continue the disputed divorce process. In these cases, the divorce-resistant spouse may believe that refusal to sign the documents will stop the divorce proceedings.
Some reluctant spouses may refuse to sign the necessary divorce papers or not fully respond to the divorce petition, making the process very difficult.
Divorce can often bring out the worst in people, and a spouse may refuse to sign documents for a while just to cause trouble.
When a divorce is uncontested, both spouses may be able to sign the papers and never appear in court or before a judge. When both spouses agree to a divorce and sign the paperwork, the divorce is considered unchallenged.
When responding to a complaint, you have the opportunity to discuss matters before a judge if you and your spouse do not agree to the terms.
Divorce by Default
Depending on your state, there is a time limit within which the spouse who has been notified must file a written response to the divorce petition with the court.
For example, if a spouse fails to provide a written response promptly, the court may find that the court does not object to the terms of the divorce decree proposed by the declaring spouse and has granted the requesting spouse all the required terms of the divorce decree.
If your spouse refuses to sign documents given to your spouse, it is likely that he/she will not be very cooperative in discussing important aspects of your divorce, such as property division, spousal support, and son custody issues.
Divorce attorneys see numerous cases where a spouse refuses to attend, does not sign divorce papers, does not respond to disclosure requests, or does not attend hearings; Divorce by Default is granted.