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 12 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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