Key takeaways:
- A default divorce happens when your spouse is properly served but does not answer or appear. The case can then go forward as an uncontested divorce without their participation.
- Your spouse generally has 20 days to appear after personal delivery in New York, and 30 days when service was completed another way, such as delivery outside the state or a court-ordered method (CPLR 320).
- New York’s court help pages tell you to wait 40 days from the date of service before filing the rest of your default papers.
- For a default judgment, the summons must have been personally delivered or served by a method the court ordered (DRL 232). Leaving papers with a relative without a court order is not enough.
- Court fees for an uncontested divorce are at least $335: $210 for the index number plus $125 for the Request for Judicial Intervention and Note of Issue.
Last reviewed: October 22, 2026. This article is general information about New York law, not legal advice. Laws change and every situation is different, so talk to a licensed attorney in your state about your own case.
You filed for divorce, your spouse was served, and then nothing. No answer, no lawyer, no phone call. New York has a path for this situation. If your spouse was served correctly and lets the deadline pass, you can ask the court to grant the divorce on default. Here is how that works, what the court checks, and where cases most often go wrong.
Contents
- What a default divorce is
- Before you start: residency and grounds
- Serving your spouse correctly
- Response deadlines
- Filing your default papers
- Money, support and children
- Can your spouse undo a default?
- FAQ
What a default divorce is
A New York divorce starts when you file a Summons with Notice, or a Summons and Verified Complaint, with the County Clerk. Once your spouse (the defendant) is served, they have three basic choices, according to the New York State court system’s self-help pages:
- Answer or appear. The case becomes contested.
- Sign an Affidavit of Defendant agreeing to the divorce. The case stays uncontested.
- Do nothing. This is called defaulting.
A spouse “appears” by serving an answer or a notice of appearance, or by making certain motions (CPLR 320(a)). Talking to you, sending texts, or saying they have a lawyer does not count. Only formal court papers stop a default.
Default is not automatic approval. Under DRL 211, a default judgment can only be entered on competent oral proof or written proof, such as sworn affidavits. A judge still reviews your papers and decides whether you have proven what you are asking for.
Before you start: residency and grounds
A default does not excuse the basic requirements. Under DRL 230, at least one of these must be true:
- Either spouse has lived in New York continuously for at least two years before the case starts.
- Either spouse has lived in New York for at least one year, and you married in New York, lived in New York as a married couple, or the grounds for divorce arose in New York.
- The grounds arose in New York and both spouses live in New York when the case starts.
Most people use the no-fault ground in DRL 170(7): the marriage has broken down irretrievably for at least six months, stated under oath. Under that ground, the judgment cannot be granted until property division, spousal support, child support, counsel fees and custody have been resolved by the parties or decided by the court. In a default case, the court decides those issues based on the proof you submit.
Serving your spouse correctly
Service is the foundation of a default divorce. If service is defective, the judgment is vulnerable later.
- You cannot serve the papers yourself. Someone over 18 must do it, such as a friend, relative or professional process server.
- Serve within 120 days of filing with the County Clerk.
- Personal delivery is the standard. The papers are handed to your spouse.
Default divorces have an extra rule. Under DRL 232, a default judgment can only be granted if the summons and complaint were personally delivered to your spouse, or if the summons carrying the required notice (“Action for a divorce,” plus the ancillary relief you seek) was personally delivered or served by a method the court ordered under CPLR 308 or 315. If you cannot find your spouse or cannot hand them the papers, ask the Supreme Court Clerk’s Office about applying for alternative service, such as service by publication or another court-directed method.
Make the affidavit of service specific. DRL 232 requires the affidavit of service to state that the notice was on the face of the summons, and to explain how the server knew the person served was your spouse. A photo, a description and how identity was confirmed all help. The court can require the server to appear and be questioned.
Response deadlines
CPLR 320(a) sets the time to appear:
| How your spouse was served | Time to appear |
|---|---|
| Summons personally delivered in New York | 20 days after service |
| Personal delivery outside New York (CPLR 313) | 30 days after service is complete |
| Other methods, including court-ordered service and publication | 30 days after service is complete |
If only a Summons with Notice was served, your spouse can also demand the complaint, which can extend the timeline. In practice, the court system’s guidance is simple: if your spouse defaults, wait 40 days from the date of service before filing the rest of your papers.
Filing your default papers
Once the waiting period has passed, you file the remaining uncontested divorce papers. The New York courts list these, with some counties requiring extra local forms:
- Note of Issue and Request for Judicial Intervention (RJI)
- A copy of the Summons with Notice or Summons and Complaint
- Affidavit of Regularity
- Affidavit of Plaintiff
- Affidavit of Service, sworn by the person who served your spouse
- Sworn Statement of Removal of Barriers to Remarriage, if you married in a religious ceremony
- Findings of Fact and Conclusions of Law, and a proposed Judgment of Divorce
- Part 130 Certification and Certificate of Dissolution of Marriage
Federal law also matters here. Before entering a default judgment, the court must have an affidavit stating whether your spouse is in military service (50 U.S.C. 3931). If your spouse is serving, the court must appoint an attorney for them before it can enter judgment.
| Court fee | Amount |
|---|---|
| Index number (to start the case) | $210 |
| RJI and Note of Issue, filed together | $125 |
| Each motion | $45 |
| Minimum total for an uncontested divorce | $335 |
Fees were checked against New York State court pages in October 2026. If you cannot afford them, you can ask for a fee waiver (poor person relief).
After the case is calendared, a judge reviews the papers. If everything is in order, the judge signs the Judgment of Divorce. You then file it with the County Clerk and serve a copy on your spouse, with another affidavit of service.
Do not wait too long. Under CPLR 3215(c), if you do not take steps toward a default judgment within one year after the default, the court can dismiss the case as abandoned unless you show sufficient cause.
Money, support and children
A default does not mean you get whatever you ask for. The judgment cannot differ in type from, or exceed, what your summons or complaint asked for (CPLR 3215(b)). Ask for everything you need, such as property division, maintenance, child support and custody, in your initial papers.
If you have children, the court applies New York’s Child Support Standards Act. It uses percentages of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more, up to an income cap that is adjusted periodically. You will need proof of income for both of you, as best you can document your spouse’s. Before signing any divorce judgment, the court must also make sure both spouses have been notified that health insurance coverage through the other spouse may end (DRL 255).
The free DIY Uncontested Divorce program on the court website only prepares the final papers if there are no children of the marriage under 21. With children, you will need the standard forms, a court help center, or an attorney who can advise you.
Can your spouse undo a default?
Yes, in some circumstances. Under CPLR 5015(a), a court can relieve a party from a judgment for an excusable default if they move within one year after being served with the judgment and notice of entry. A court can also vacate a judgment at any time for lack of jurisdiction, which usually means service was defective, or for fraud or misrepresentation. Courts generally expect a spouse seeking to reopen a default to show a reasonable excuse and a potentially meritorious defense.
This is why careful service and honest, complete paperwork matter. A clean record of service is your best protection against a default being reopened.
Do you and your spouse agree on everything? If your divorce is uncontested, an online divorce service can prepare your state’s court forms for a flat fee. These services are not law firms and cannot give legal advice. How online divorce services work and how to choose one.
FAQ
How long does my spouse have to respond to divorce papers in New York?
Generally 20 days after the summons is personally delivered in New York, or 30 days after service is complete if your spouse was served outside the state or by a court-ordered method. The court system advises waiting 40 days from service before filing default papers.
Do I have to go to court for a default divorce in New York?
Often not. New York allows a default divorce judgment on written sworn proof, and a judge reviews your papers. Some judges or counties may still schedule an appearance or ask for more proof, especially when support, property or children are involved.
Can I serve my spouse by leaving the papers with a family member?
Not for a default divorce unless the court ordered that method. DRL 232 requires personal delivery or a court-ordered method of service before a default judgment can be granted.
Can I get child support and maintenance in a default divorce?
Yes, if you asked for them in your papers and support your request with proof. The judgment cannot exceed or differ in type from what you requested.
Do I need a lawyer for a default divorce in New York?
No law requires one, and court help centers can explain the forms. An attorney can advise you if your case involves children, significant property or support, or difficult service.
Sources: CPLR 320; CPLR 3215; CPLR 5015; DRL 230; DRL 170; DRL 211; DRL 232; DRL 240; DRL 255; NY Courts: Uncontested Divorce Overview; NY Courts: Calendaring an Uncontested Divorce; 50 U.S.C. 3931.
