There is a period of time in which your spouse can choose to contest the divorce or agree to the settlement terms in your filing, and if they decide not to respond, you can ask that the court find them in default.
Your spouse may believe they can halt the divorce by refusing to participate, but instead the court will ultimately grant you a divorce even with the other party in default.
Service of the paperwork is a notification to them that legal action is pending against them. Failing to respond is not adequate to stop the legal action.
The concern you should have is that when your spouse realizes this, they may come back with an attorney and challenge a finding of default in order to contest the case.
You should seek out an experienced Queens divorce attorney to make sure you are protected from an angry spouse who wants to hold up the process.
The team at Zelenitz, Shapiro & D’Agostino has years of experience helping people in Queens obtain divorces even when their spouses try to stall or obstruct things. Call us today at 718-523-1111 for a free consultation.
