Legal Question in Family Law in New York

Re: don't answer summons

First off, a divorce is only uncontested if both sides say it is. The fact that your wife has a lawyer and asking you for your grounds in seeking a divorce suggests that the action may not be as uncontested as you believe. Second, if you are trying to make the marriage work, why are you sending any papers regarding a divorce action in the first place?

In any case, if you fail to press a cause an action, the Defendant can either ignore your papers, or move to dismiss for failure to prosecute.

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Re: don't answer summons

It sounds like you might have served a summons with notice. If you fail to timely provide a complaint after demand, should the other side wish to, they can dismiss the case for failure to prosecute. Don't forget, if they decide to dismiss your case, THEY can bring an action for divorce also. If your case is dismissed, you can bring it again. As to your divorce being uncontested--time will tell.

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