If you have duly served your spouse with divorce papers, then he or she has 30 days to respond. If he or she refuses to sign the papers, then that spouse is in default. This practically means that your spouse has foregone any opportunity to oppose the divorce rulings. You can then go ahead and file a petition for a default divorce with the court. Then you will have to attend a court hearing, and a judge will work make orders based off of what you present in court. There is a chance, however, that if your spouse is in default, he or she can fight this. It is possible to present a case to a judge to remove the default judgment. If your spouse can accomplish this, then you will have to go back to the start, negotiating a divorce through normal processes.
What if you cannot track down your spouse to serve him or her the papers? If he or she cannot be found through public records, then a private investigator may have to step in. If your spouse cannot be found through any means, then you may be able to proceed with a divorce anyway, as long as you have made diligent attempts to find your spouse.
To approach this situation, it would be invaluable to have the assistance of legal counsel. You need to ensure that you are taking the rights steps to move on in life. Do not leave your petition and hearing in the hands of novice representation. Work with a Long Island divorce attorney from our firm.
If you are in default of a divorce, then time is against you. Contact our firm immediately. It may be possible to get the default judgment overturned. You will need an outstanding attorney on your side. Get the legal help you need today.