My spouse and I have been living apart for over a year. She has moved out of state. I served her with a summons and complaint, and the time that she had to respond has passed. She and her attorney are ignoring the deadline. What happens now? Am I stuck waiting, or do I have recourse if she just ignores the summons? How long do I have to wait to take the next step, and what would the next step be?
I cannot overemphasize the need to use experienced matrimonial counsel when dealing with divorce or separation matters.
Assuming that all of your papers were in order, and your spouse was served correctly, and the time has elapsed for her to answer, you can make a motion for a default judgment. Divorce and separation are too important to be left to self-help.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions