What is a “No Signature Required” Divorce in New York State?
In New York State, we have something called a “no signature required” divorce or a default divorce, which occurs when one spouse initiates divorce proceedings and the other spouse fails to respond to the Summons and Complaint within the legally required timeframe. The divorce is, thus, allowed to proceed without the other spouse’s signature, or any active participation for that matter.
Initiating the divorce
The spouse seeking the divorce is known as the plaintiff. The plaintiff files a summons with or without a complaint with the Supreme Court. The summons will inform the other spouse (the defendant) that a divorce has been initiated. The complaint will outline the specific reasons for the divorce and related requests, such as child custody, child support, or property division. The defendant spouse will need to be formally served with these documents.
Understanding the “no signature” aspect of the divorce
If the defendant spouse is properly served, yet does not respond within the specified timeframe (usually 20 days), the divorce can proceed as a “no signature required” or default divorce. The plaintiff can then request a default judgment against the other spouse from the court, which will finalize the divorce without either the defendant’s signature or consent.
The divorce must be served properly
The plaintiff has to ensure that the defendant is properly served with the divorce papers. This ensures the validity of the default divorce and prevents the other spouse from claiming that they were never served. If the defendant claims they weren’t properly served, the court might not grant a default judgment in favor of the plaintiff. To ensure the divorce is served properly, you should use a licensed process server to ensure proper service.
What if you don’t know where the defendant spouse is?
If you’re not sure where the defendant spouse is or cannot find them, then you can seek permission from the court to serve the defendant through a publication in a local newspaper. Plaintiffs are generally allowed to do this after they demonstrate they have made a reasonable effort to locate the defendant.
The bottom line
Default divorces can only occur when the defendant was properly notified of the divorce and refused or failed to respond in the allotted time. Even when you have a default divorce, the court will still ensure that any financial and child-related matters are addressed fairly, even if the defendant doesn’t participate in the process. It’s extremely important for you to consult with a Rockland County divorce lawyer to navigate this rocky terrain effectively.
Talk to a Rockland County, NY, Divorce Lawyer Today
The Westchester County, NY, divorce lawyers at the Law Office of Robert S. Sunshine represent the interests of those seeking to pursue a divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
