No, by refusing to respond, your spouse isn’t stopping the divorce process, and they are very likely setting themselves up for a rude awakening when the court grants your divorce based on their default.
Many people hold the mistaken belief that if they don’t sign on to a divorce action, it can’t move forward, but the opposite is true.
Your spouse has a small window of time to respond after being served, and if they choose not to participate in the divorce, you can ask the court to find your spouse in default 45 days after their response period expires.
To achieve a default divorce in Brooklyn, you’ll have to appear before the judge and answer any questions he or she may have about the terms of your divorce settlement.
After that, the court will grant you a default divorce, though your spouse will retain the option of challenging it for a short period of time.
The longer your spouse waits, the less likely they will be to convince the court to reopen the matter.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you when your spouse is trying to stall or block your divorce.
Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.