can a divorce be granted to a husband without any notice to the wife?

Asked on July 3, 2009 under Family Law, New York


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In  order for a person to get divorced they must file a summons with notice with the court and then serve the otehr side personally. It must be served by someone other than the spouse suing for the divorce and the affidavit must be filed with the court. Once this is done, then the other spouse has twenty days to respond in court by filing an answer. If the spouse fails to appear in court by filing an answer, then the divorce can be granted without notice at that point. I am not quite sure where in the process your case is. If you were initially served with the divorce summons and failed to appear, then you may have been held in default. The other scenario is that an affidavit of service was filed in which the information contained in the affidavit was false. If the divorce was already granted and you were not served you need to file a motion to vacate the default stating that you were never served and that you have a defense to his grounds for divorce. I would go to the court immediately and pull the file to see if an affidavit of service was filed.

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not licensed in New York, but this is a matter of federal law. The answer is no.

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