It depends on whether the divorce is being contested or not. In an uncontested divorce action, you will receive a signed Affidavit of Defendant from your spouse.
If you do not receive the Affidavit of Defendant, or another response from your spouse, within 40 days, this may be grounds for a default divorce.
Alternatively, your spouse (or your spouse’s lawyer) may file a Notice of Appearance, indicating disagreement with the divorce papers they received.
A Notice of Appearance means that the divorce is now a contested action, and if you haven’t already, you should retain counsel to protect your interests.
The Queens divorce attorneys at Zelenitz, Shapiro & D’Agostino can help. Call us at 718-523-1111 for a free consultation.
