What can I do if I filed for an uncontested divorce and my wife was given the papers to sign but she has been stalling for 3 weeks?

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What can I do if I filed for an uncontested divorce and my wife was given the papers to sign but she has been stalling for 3 weeks?

She agreed to an uncontested divorce and to make this an easy, no hassle process. I told her that I would file, and I filed. Completed the next steps as directed by the court, paid the fees too. When I gave her the papers to sign and notarize, she claimed she would get right in it. 1 week passed. When asked about them, she answered that she was having someone

Asked on July 11, 2017 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can re-file, as the "petitioner" and legally serve your wife a copy of the "compaint" (basically the petition for divorce). You'll need to serve your wife as per state law requirements. As a general rule, the "respondent" (i.e. the non-filing spouse) about has 30-60 days to file their "answer". If they fail to do so within the timeframe allowed, they can file a request to enter a "divorce by default" (although the respondent will be given a certain time in which they can appeal the court's decision). Here is a link to a site that you may find to be of help: http://www.nycourts.gov/divorce/forms.shtml


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