Default Divorce in New York
When one spouse files for divorce and the other never responds, New York law does not leave the case frozen. After the response deadline passes, the filing spouse can ask the court to grant the divorce on default — without the other side’s participation and without their signature. It is one of the most common ways a divorce moves forward when a spouse is unwilling to engage, has moved away, or simply refuses to sign anything. Our Queens divorce attorneys handle default cases across all five boroughs, and this page explains how the process actually works.
What a default divorce means in New York
A default divorce is not a separate type of divorce. It is an ordinary divorce in which the defendant spouse fails to appear or answer within the time the law allows. Once that window closes, the court can proceed on the plaintiff’s papers alone.
That does not mean the filing spouse automatically gets everything requested. A judge still reviews the paperwork, still requires proof that the grounds for divorce are met, and still has to be satisfied that any terms involving children or finances are appropriate. What the default removes is the other spouse’s ability to contest — not the court’s obligation to review.
How long does your spouse have to respond?
Under CPLR 320, the deadline depends entirely on how the papers were served.
If your spouse was personally handed the summons within New York State, they have twenty days to appear or answer.
If service happened any other way — substituted service, service on someone else at their home or workplace, or service outside New York State — they have thirty days from the date service is complete.
Those extra ten days matter more than they sound. Filing for a default before the correct deadline has passed is one of the most common reasons an uncontested packet gets rejected and sent back, costing weeks. Getting the service method and the date right at the start is what keeps the case moving.
What happens once the deadline passes
When the response period expires with no answer, the case becomes uncontested in the eyes of the court and you can submit the judgment package. That package includes the affidavit of service proving your spouse was properly served, an affidavit of your spouse’s default, the findings of fact and conclusions of law, and the proposed judgment of divorce, along with several supporting forms.
The papers go to the county clerk and then to a judge for review. There is no hearing in most default cases — the judge reviews the file and, if everything is in order, signs the judgment. Where children or disputed finances are involved, the court may schedule an inquest, a brief proceeding where the filing spouse presents proof on those issues.
The realistic timeline is driven almost entirely by the court’s calendar rather than by your spouse, since they are no longer participating. Queens, Kings and New York County each move at their own pace.
When you cannot find your spouse at all
A default requires proof that your spouse was properly served, which becomes the central problem when you genuinely do not know where they are. New York does not allow you to simply file and proceed. You must first make a diligent search, document it, and ask the court for permission to serve by publication or another alternative method.
That is a different process with its own requirements, and we cover it in detail on our divorce by publication page. If you have lost contact with your spouse, start there rather than here.
What a default cannot decide for you
A default resolves your spouse’s silence. It does not resolve everything else.
Child support still has to be calculated under the statutory formula, and the court will want to see the numbers. Custody arrangements still have to serve the child’s best interests, and a judge will not simply rubber-stamp whatever the filing parent proposes. Property division still requires the court to understand what marital assets exist. Spousal maintenance still follows the statutory guidelines.
This is where default cases are most often delayed — not because the spouse objected, but because the financial and parenting paperwork was incomplete. Having the numbers right the first time is usually the difference between a case that moves and a case that sits.
Can a default divorce be reopened?
Yes, in limited circumstances. A spouse who defaulted can move to vacate the judgment under CPLR 5015, generally within one year of being served with a copy of the judgment and notice of its entry. To succeed, they usually have to show both a reasonable excuse for not responding and a genuine defence worth hearing.
Courts do not vacate defaults casually, but they do vacate them — most often where service was defective. That is why doing service correctly matters so much: a divorce built on questionable service is a divorce that can be undone years later, sometimes after one party has remarried or sold property in reliance on it.
What a default divorce costs
The court’s own fees are fixed. Filing for an index number costs $210, and the Note of Issue costs $125, so the minimum court cost of an uncontested or default divorce in New York is $335. Certified copies of the judgment cost $8 each, and any motion filed along the way costs $45.
Service of process, publication where required, and attorney’s fees sit on top of that. If the court fees themselves are out of reach, New York allows you to apply for a fee waiver based on income.
Default divorce questions we hear most
Does my spouse have to sign anything?
No. That is the entire point of a default. Once the response deadline passes without an answer, the case proceeds on your papers alone.
What if my spouse responds late?
It depends on how late and what the judge decides. A spouse who appears before you have obtained the judgment can often still participate. Once judgment is entered, they have to move to vacate it, which is a higher bar.
Do I still have to go to court?
Usually not. Most default divorces are decided on the papers. An inquest may be scheduled where children or disputed finances are involved.
How long does it take?
That depends on the county’s calendar rather than on your spouse. Once the papers are complete and properly filed, the case is in the court’s hands.
Can I get a default divorce if we have children?
Yes, but the court will scrutinise custody and support far more closely, and incomplete financial disclosure is the usual cause of delay.
What if my spouse lives in another state or country?
You can still proceed, but the service rules and the response deadline change, and New York must have jurisdiction. This is worth a conversation before you file rather than after.
Speak with a Queens divorce attorney
If your spouse has been served and the deadline has passed — or you are not sure whether it has — we can tell you where your case actually stands and what filing on default would involve. Call (718) 206-1555 for a consultation, or visit our divorce practice page.
