Know your rights ·

My spouse did not respond; is the divorce automatic?

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

Usually no. You may still need proof of valid service, required filings, and a court judgment.

Do now

Keep service documents and check the docket. Ask the clerk or a lawyer about the proper default procedure and required evidence. Continue complying with disclosure and hearing requirements.

Watch for

A default can be challenged in some circumstances. Military service, defective service, missing notices, and requests affecting children or property require special care. Do not treat an unsigned proposed judgment as a final divorce.

Official sources

NJ Courts — Divorce, NY Courts — Divorce frequently asked questions, DC Courts — Divorce.

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