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You filed for divorce, had your spouse served, and now the papers are sitting untouched. They will not sign, will not respond, and will not engage. It feels like a dead end, but under New York law, their refusal cannot stop the divorce — once your spouse has been properly served and fails to respond within the required time (20 days if served in person in New York, 30 days if served outside the state or by other authorized methods), you can ask the court to grant a default judgment of divorce without their participation. A Garden City divorce attorney can guide you through every step and help you move forward with confidence.
Can You Get a Divorce in New York Without Your Spouse’s Signature?
Yes. New York is a no-fault divorce state, which means you do not need your spouse’s permission or cooperation to end the marriage. Under New York Domestic Relations Law Section 170(7), either spouse can file for divorce by stating under oath that the relationship has broken down irretrievably for at least six months. Your spouse does not have to agree with that statement, and they cannot contest the grounds for divorce themselves.
The process begins when you or your attorney file a Summons with Notice or a Summons and Complaint with the County Clerk’s Office. From there, the documents must be properly served on your spouse within 120 days of filing. A process server or another person over the age of 18 who is not a party to the case must deliver the papers. Once your spouse is served, the deadline to respond begins, and their refusal to sign does not stop the case from moving forward.
What Happens After Your Spouse Is Served?
After your spouse receives the divorce papers, they have a limited window to respond. If they were served within New York State, they have 20 days to file an Answer with the court. If they were served outside the state, that window extends to 30 days.
During this time, your spouse can submit a formal response raising objections to your proposed terms, or they can sign and return the documents acknowledging the filing. If your spouse does nothing within that window, their silence is treated as a default.
The court recognizes that they were given proper notice and chose not to participate. Therefore, you can move forward with seeking a default judgment. Many divorces in Garden City and across Nassau County proceed this way when one spouse simply refuses to engage.
What If Your Spouse Is Avoiding Service?
Sometimes the issue is not that your spouse refuses to sign but that they are actively avoiding being served in the first place. They may dodge process servers, refuse to answer the door, or leave their known address. New York law accounts for these situations.
If personal delivery fails, there are other options. Your attorney may attempt substituted service, leaving the papers with a responsible adult at your spouse’s home or workplace and mailing a copy, which does not require court permission. If standard service methods are all impracticable, your attorney can petition the court for authorization to use an alternative method under CPLR §308(5).
If your spouse truly cannot be found after a diligent search, the court may authorize service by publication. This type of service involves publishing a legal notice in a designated newspaper for three consecutive weeks. These alternative methods ensure that one spouse cannot indefinitely stall the divorce by hiding. Once the court-approved service is completed, the same response deadlines apply.
How Does a Default Divorce Work in New York?
When your spouse fails to respond within the required timeframe, you can ask the court to enter a default judgment. In this scenario, the court treats the case similarly to an uncontested divorce. You submit the remaining paperwork, including a Note of Issue, a proposed judgment of divorce, and supporting affidavits. A judge reviews the case based on those documents alone.
A default judgment does not mean you automatically receive everything you request. The court still reviews the proposed terms to ensure they are fair and comply with New York law, particularly when children or significant assets are involved. Issues like child custody, spousal support, and equitable distribution of marital property must all be resolved in your filing before the court will grant the final judgment.
What If Your Spouse Contests the Divorce?
Refusing to sign is not the same as contesting. A contested divorce begins only when your spouse files a formal Answer with the court, raising specific objections to your proposed terms regarding property division, custody, support, or other issues. Once an Answer is filed, the case enters a longer litigation track that typically includes financial disclosure, a preliminary conference, settlement negotiations, and potentially a trial.
Even in a contested case, your spouse cannot prevent the marriage from ending. They can dispute how assets are divided, how custody is arranged, or whether spousal maintenance is appropriate, but they cannot force you to remain married.
Under DRL Section 170(7), the court needs only one spouse’s sworn statement that the marriage has broken down irretrievably for at least six months. There is no right to a trial on whether the breakdown occurred. A contested divorce takes longer and costs more, but it does not change the outcome on the fundamental question of whether the marriage will end.
Let Our Family Help Your Family Move Forward
If your spouse is refusing to sign the divorce papers, you do not have to wait for their cooperation. At The Saul Law Firm, Gail B. Saul and our family law team help individuals across Garden City, Long Island, and the greater New York City area navigate the divorce process with compassion and determination. Reach out to us today to book a confidential consultation so we can assess your situation, explain your options, and help you take the next step.