How Long Does My Spouse Have To Respond After I Have Them Served?

Your spouse has 40 days to respond, and how they respond (or if they respond) indicates whether or not the action will be contested.

If your spouse fails to respond at all, they are in default, and you are able to proceed with the divorce without their input.

Failing to respond is interpreted by the court as your spouse waiving their right to contest the terms of the divorce, and you are able to submit your divorce papers to the court for approval.

Alternatively, your spouse can consent to the divorce by signing an Affidavit of Defendant, which tells the court that they will not contest the divorce.

Again, after that, the papers go to the court and you both wait to receive your judgment of divorce in the mail.

If your spouse plans to contest the divorce, or decides to once they are served, expect to hear from their lawyer within 20 days.

Contested divorces will take a lot longer than uncontested, but for many couples, they are an unavoidable part of the divorce.

Friedman & Ranzenhofer can protect you, whatever the circumstances of your divorce. Call us today at 585-484-7432 for a legal consultation.

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