What to do if a respondent in a divorce action does not answer the divorce compliant?

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What to do if a respondent in a divorce action does not answer the divorce compliant?

My ex and I have been legally separated for 5 years. We both live in NY – I’m in me in 1 county (where I filed for divorce) and he is in another county. He stated he would not contest. I served him almost 3 weeks ago but he has not yet responded. What happens now? We are not on the best speaking terms and I do not want to agitate the situation if I do not need to.

Asked on August 3, 2011 New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the respondent failed to file a timely answer to the complaint, you can file a request for entry of default.  This means that you have won by default.  However, this may only be a temporary victory because the respondent can file a motion to set aside the default.  If the court grants respondent's motion to set aside the default, the case is then back on track and litigation continues.


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