I'm having a hard time finding information about this online, so maybe someone on here can help me. My fiancée is in the final stages of a long, drawn out divorce, and he found out today his soon to be ex-wife hasn't responded to the paperwork in the 20 day period that's allowed and he may be granted a divorce by default.

My question is, if the divorce goes through by default, is there a waiting period for him to remarry? Are there any negatives to getting a divorce this way? Would he be better to push for her to respond to get an uncontested divorce?

Thank you!

According to the information I accessed a default is not the way to proceed because within one year the defendant may submit a Motion to Set Aside Default, which must explain why his or her interests were harmed by the default. So this answers your question regarding the negative aspect. However, nothing was stated about a waiting period. If this is the case it is best to push for the divorce. You should really consult your lawyer. I hope I have helped somewhat and at least given you a base to go on.

Thanks tickle! He has an appointment with his lawyer this week but we just wanted to have an idea what it all means so he doesn't go in to the appointment blindly. Any idea what the motion to set aside default would mean for him, if his ex filed it? I'm assuming it would involve a trial, and probably some sort of settlement if she won.

It sounds as though he has made a request for additional information and she has not responded. Because she has failed to respond, she may be punished by having her pleadings stricken and he can take a judgement by default. At which point, she could file a motion to set aside the default, which she may or may not win. If she did win, then the case continues and could go to trial; and the parties could enter into a settlement prior to trial. If she didn't win, he could obtain all the relief he has requested.

[QUOTE=lilly295]I'm having a hard time finding information about this online, so maybe someone on here can help me. My fiancée is in the final stages of a long, drawn out divorce, and he found out today his soon to be ex-wife hasn't responded to the paperwork in the 20 day period that's allowed and he may be granted a divorce by default.

My question is, if the divorce goes through by default, is there a waiting period for him to remarry? Are there any negatives to getting a divorce this way? Would he be better to push for her to respond to get an uncontested divorce?



NYS is very, very reluctant to grant divorces by default and will make every effort to make certain his wife has had every opportunity to respond, as well as proving proper service and crossing "t's" and dotting "i's." The Court does NOT want a motion to set the Judgment aside at some point in the future because of problem with the paperwork.

In NYS you can remarry as soon as the Findings and Judgment of Divorce are prepared, approved by the Attorneys, signed by the Judge, filed and served on the other party and you get a marriage license, wait out that waiting period.

All she has to do is get an Attorney, the Attorney submits a Notice of Appearance, both Attorneys (and your boyfriend, who will have to testify as to the grounds) go to Court, the Judge will ask if the parties are in agreement, if they are her Attorney will withdraw (and it will be noted that he has withdrawn) and the hearing goes on.

Obviously if his wife wants to have a say in the financial or visitation matters she has to appear.