New York Default Divorce — What to Do When Your Spouse Won't Respond (2026)
Your spouse was served. 20 days have passed. No response. You can proceed with a default divorce in New York.
What Is a New York Default Divorce?
A default occurs when the defendant fails to appear or respond within 20 days of personal service (30 days if served by mail). Once you've obtained a default, you can proceed to finalize the divorce without your spouse's participation.
Step-by-Step: New York Default Divorce
Step 1 — File and Serve
File UD-1 and UD-2 at the County Clerk. Serve your spouse through a process server or other qualified person.
Response deadline: 20 days after personal service (30 days by mail).
Step 2 — Wait for Deadline
After the deadline passes with no response or appearance, proceed.
Step 3 — Obtain Default
File a Request for Judicial Intervention (RJI) if not already filed. File papers requesting the court note the default. In New York, this process varies by county — some require a formal motion for default judgment, others use a simpler procedure. Check with your county's Matrimonial Clerk.
Step 4 — Complete Your Proposed Judgment
Prepare your proposed Judgment of Divorce with the terms you're requesting. Complete all UD forms. Proposed terms must be reasonable — judges review default divorces carefully.
If children are involved: include custody arrangement, Parenting Plan, and child support calculation. The best interest standard applies regardless of whether your spouse appeared.
Step 5 — Submit Default Package
Submit your complete packet to the Matrimonial Clerk. Most New York uncontested and default divorces are processed "on the papers" without a hearing.
Step 6 — Receive Signed Judgment
Court reviews and mails signed Judgment.
Step 7 — File and Serve Notice of Entry
File Judgment with County Clerk. Serve Notice of Entry on your spouse (even in default cases). Get certified copies.
Service by Publication (Spouse Can't Be Found)
If you cannot locate your spouse after diligent search:
- File a motion for permission to serve by publication
- Document your diligent search attempts
- Court authorizes publication
- Publish in a newspaper of general circulation once per week for a specified period (typically 3–4 weeks)
- Respondent has 30 days after final publication to respond
Cost: approximately $200–$500 in newspaper fees plus court costs.
Timeline and Cost
| Stage | Time |
|---|---|
| Filing | Day 1 |
| Service | Day 1–14 |
| Response deadline | Day 21–31 |
| Default paperwork | 1–2 weeks |
| Court processing | 4–20 weeks (varies by county) |
| Total typical time (upstate) | 2–4 months |
| Total typical time (NYC) | 4–7 months |
| Expense | Cost |
|---|---|
| Index number fee | $210 |
| Note of Issue fee | $30–$95 |
| Process server | $50–$150 |
| Publication (if needed) | $200–$500 |
| Certified copies | $25–$75 |
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.