Legal Question in Family Law in New York

Re: Separted 5 years, spouse not responding to summons.

Have her served with a Summons with Notice and if she does not answer the summons within the statutory time (depends on how served) you can move the court for a default judgment of divorce. She doesn't have to sign for the summons - just have it served on her by a dis-interested party, over age 18. Good luck!

Re: Separted 5 years, spouse not responding to summons.

It would not be difficult if you retained a professional to represent you and guide you through the process. If you are doing it yourself, you risk making serious mistakes from beginning to end.

I practice in NYC and Long Island. If that is convenient to you, and you wish to discuss this privately, please call to schedule a consultation. (516) 741-7799

Re: Separted 5 years, spouse not responding to summons.

It is not necessary for her to acknowledge or sign any papers. If she is properly served, you cn obtain the divorce by default.

Let me know if you need help.

Daniel Clement

Re: Separted 5 years, spouse not responding to summons.

You certainly have grounds for divorce, but since she will not consent, you will have to start a contested divorce action. How quickly that will result in divorce is not easy to say. If she is resistant, it can drag out longer than you would like.