Deciding to file for divorce can be a complex and overwhelming decision, made even more stressful by the idea that your spouse will not agree to end the marriage. However, take comfort in knowing that you can get a divorce without your spouse’s consent under New York state law. This can be an extremely beneficial rule when one party is unwilling to cooperate. For more information on how you can obtain a divorce on your own, continue reading and speak with an experienced Suffolk County divorce attorney today.
Can I Get a Divorce Without My Spouse’s Consent in NY?
Yes, it is possible to get a divorce without your spouse’s consent in New York. While state law requires that you formally serve divorce papers to your spouse after filing, if they fail or refuse to sign or issue a response, you can proceed with a “no signature required” divorce.
What is a “No Signature Required” Divorce?
In New York, a “no signature required” divorce is exactly what it sounds like; it’s a way to terminate a marriage without receiving written consent from both parties. To obtain this type of divorce you must first file the official petition for divorce, called a Summons with Notice or Summons and Complaint, with the County Clerk’s Office.
Once this has been completed you must inform your spouse that you have filed for divorce by serving them with the relevant paperwork via a messenger, the mail, or some other delivery. You have 120 days to serve your spouse the papers after filing the official petition for divorce. Once they have received the papers they have 20 days to file an official response, or 30 if they are outside of New York state.
If they fail to file a response either accepting or contesting the terms, you can proceed with the divorce anyway. Their response defaults to an acceptance of the terms and the court will process the divorce.
What is a Divorce by Publication?
Another way to obtain a divorce in New York without consent from your spouse is through what is known as a divorce by publication. A divorce by publication can be used when you have no contact with your spouse and have no way to find them.
For example, suppose you and your spouse have been separated for several years and essentially have no relationship anymore. Maybe they moved away, changed their phone number, and cut off contact with you and every mutual friend you had in common. If you decide that you want to officially terminate your marriage, you can file for divorce following standard procedure. Then, make valid efforts to contact your spouse and record all of your attempts including phone calls, text messages, emails, contact with family and friends, etc.
If the court sees and approves your attempts to contact your spouse and acknowledges that they are unreachable, you can publish a notice in the newspaper stating your intention to divorce. If the notice goes unanswered after three weeks, the court may proceed with the divorce.
For more information and legal advice during your divorce, work with a skilled attorney at Peter V. Mandi & Associates, Inc.
