Does a divorce petition expire if no action is taken after it was served?

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Does a divorce petition expire if no action is taken after it was served?

Asked on August 29, 2012 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the papers were properly served with in the 120 day requirement under the law then the case has not "expired" as of yet.  Do you mean after service the plaintiff has done nothing?  The case can be administratively dismissed if nothing is done. The defendant should file an answer or if he or she does not then the plaintiff should file for an order of default.  Either party can file for a conference once an action is "joined" (the answer is filed).  Get help with specifics here.  Good luck. 


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