A typical divorce case involves both spouses. Some people have an amicable divorce where they can go through mediation and agree on key points on their own. Others have a litigated divorce where they go to court and present their case so that they can get a court ruling.
But either way, both people are part of the process, so one of the first steps is for the spouse who is filing for divorce to serve the divorce petition to their spouse. This starts the process, and the other spouse has to respond before the court moves forward.
So, if you have recently decided to get a divorce and served those papers to your spouse, how long do they have to respond so that you can formally begin?
Where were they served?
All states have different rules, and New York has written its laws to reflect where the person was when they were served. If they were in the state of New York at the time—such as two people who both live together in Manhattan—then they have just 20 days to respond to the divorce petition.
But there are cases where people are served while they are outside of the state. If they received the divorce petition elsewhere, then they get an additional 10 days, for a total of 30, before they have to respond. This could be useful for someone who is an entertainer, an athlete or a business executive who frequently travels overseas.
Once the proper response has been recorded, the court can set up the initial hearings, so it is important for both people to know exactly what legal steps to take.