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My Spouse Was Served And Responded. What Happens Now?

February 28, 2014 by Marc Jacob

It depends on whether the divorce is being contested or not. In an uncontested divorce action, you will receive a signed Affidavit of Defendant from your spouse.

If you do not receive the Affidavit of Defendant, or another response from your spouse, within 40 days, this may be grounds for a default divorce.

Alternatively, your spouse (or your spouse’s lawyer) may file a Notice of Appearance, indicating disagreement with the divorce papers they received.

A Notice of Appearance means that the divorce is now a contested action, and if you haven’t already, you should retain counsel to protect your interests.

The Queens divorce attorneys at Zelenitz, Shapiro & D’Agostino can help. Call us at 718-523-1111for a free consultation.

Filed Under: Divorce

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