What to do if I got served uncontested divorce papers but I don’t know how to respond?

UPDATED: Sep 29, 2022

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What to do if I got served uncontested divorce papers but I don’t know how to respond?

Do I just write her attorney and agree or is there other steps?

Asked on September 10, 2015 under Family Law, New York


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The first step is to read the papers you were served very carefully. Do you agree with the terms that have been laid out by your spouse? If you do, you have two options. You can choose to not respond and your spouse will receive a default judgment. This means that you have given up your right to any say in your divorce, and most likely the court will grant the terms that your spouse set out. The second option is to file an answer and waiver to the petition. This way you can still have a say in the proceedings
If you DO NOT agree with the terms set out by your spouse, it might be a good idea to contact your spouse or your spouse's attorney. Try and work out an agreement that you are both happy with. If you and your spouse can not come to an agreement on the terms of your divorce then you should hire an attorney.
You can also try the New York State Unified Court System website. They have many helpful resources which might be helpful to you.

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