The Defendant's Response
After the Defendant (the spouse) has been served a copy of the papers that were filed with the court to start the divorce, the Defendant is given time to respond.
- If the Defendant was served somewhere in New York State, then the Defendant has 20 days to respond.
- If the Defendant was served outside of New York State, then the Defendant has 30 days to respond.
The Defendant will respond in one of the following ways:
| If the Defendant... | then... |
|---|---|
| signs and returns the Affidavit of Defendant | This is an uncontested divorce. You can file the rest of papers to put your case on the court calendar. |
| files a Notice of Appearance | This is a contested divorce and you may need a lawyer to help you with your case. |
| doesn't return the Affidavit of Defendant or file a Notice of Appearance (defendant does nothing) | This is an uncontested divorce and the Defendant has "defaulted." You can file the rest of the papers to put your case on the court calendar. |
Next Step
Depending on how the Defendant responds, your case may be ready to be placed on the court calendar and assigned to a judge.
Learn more about Calendaring an Uncontested Divorce Case.
** This is a general information and may not apply to the county where you're filing your uncontested divorce case. Contact the Supreme Court in your county for more information.
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