Failing to respond to a divorce summons within the applicable period will likely result in the following consequences:
- You lose your voice in court. You forfeit your opportunity to present your side of the story, make any requests, or challenge the claims made by your spouse.
- The court determines the outcome without you. The judge will review your spouse's request and evidence and likely grant the divorce on the terms your spouse outlined.
- Your spouse gets what they ask for. The court may approve all of your spouse's demands regarding crucial matters like child custody, visitation schedules, spousal support, and the division of marital property and debt. They win by default.
- The court enters a default judgment against you. The judge will likely sign an order legally dissolving your marriage and defining the terms of the divorce based solely on the plaintiff's papers. You must then live with these terms.
- Rectifying the error is difficult and expensive. You will need to work with a lawyer to file a motion to vacate the default judgment. You must demonstrate a valid excuse for your failure to respond and show that your claims have merit. The judge may deny this request.
Don’t wait to get in touch and start exploring your legal options if you have received a divorce summons. Our team at Nolletti Law Group PLLC is prepared to demonstrate how our culture of excellence can serve your needs during this difficult time. We can listen to your story, answer your questions honestly, and explain how we can help you seek optimal outcomes.
The Importance of Early Action in a New York Divorce
The early stages of the divorce process in New York State can sometimes be the most important. It is critical to obtain as much information regarding family finances as soon as you begin to consider divorce, as things tend to disappear as soon as it becomes clear that divorce is on the horizon.
If the divorce came as a surprise to you, you may have to act fast to preserve financial documents and information, as well as your access to it. Our attorneys can help you regain access to any documentation that is now missing.
Additionally, it is just as important to ensure that all communications with your divorce attorney remain confidential, so do not leave email accounts open on a shared computer or on your phone during the divorce process. Make sure all passwords are secure.
How the Discovery Process Works in New York Divorces
In a contested divorce case in New York, the frequently tedious or even torturous process of financial discovery begins after one spouse files for divorce. Each side may send the other lengthy lists of questions called “interrogatories,” which should be drafted by each side’s attorneys and must be answered under oath. Interrogatories consist of questions about finances, assets, pensions, and similar financial issues.
Through their lawyers, each spouse can also serve notices to produce key financial documents, including:
- Wage statements
- Bank statements
- Tax returns
- Receipts
- Credit card bills
Furthermore, our divorce litigators can serve discovery subpoenas to third parties for this type of information. We can carefully review interrogatory answers and documents before we question spouses in person while they are under oath at what is called a “deposition." A deposition occurs in the presence of a stenographer who transcribes everything that is said. We may also depose third parties who may have relevant information, including business partners, accountants, bookkeepers, and other witnesses.
When a contested divorce involves high-net-worth individuals and complex assets with opaque ownership, forensic accounting may become necessary in the discovery phase. We can engage accountants who meticulously trace, verify, and value hidden or undervalued assets, such as business interests, international accounts, and complex investment portfolios. By examining financial records for signs of waste, dissipation, or non-disclosure, forensic accountants and investigators can provide crucial evidence that helps establish the true marital estate.
Preparing for Divorce Litigation in New York State
At Nolletti Law Group PLLC, we prepare our cases and clients for trial even though the majority of divorce cases settle before going to court. We have found this to be the most cost-efficient method of being ready for trial in the event that a settlement cannot be reached.
Our family lawyers can work closely with you to define your objectives and advise on the likelihood of achieving those goals. We can provide experienced opinions as to how the court might rule on specific issues in your case should it proceed to litigation.
Before each and every court appearance, we can explain its purpose, what to expect, and what issues will be addressed on that day. If you have children, we also make sure that you are aware that you may be “parenting in a goldfish bowl.” This means that all of your child-related actions and decisions may be subject to court scrutiny.
Is Negotiation or Litigation the Best Way to Resolve a High-Conflict Divorce?
Negotiating a settlement agreement with your spouse is frequently the most advantageous path forward during a divorce, even when it involves complex assets or numerous high-stakes conflicts. A negotiated agreement gives you and your spouse control over your future, allowing you to bypass the unpredictable judgment of a court.
When you negotiate, you can craft creative, personalized solutions that meet your family's specific needs regarding custody, asset division, and support. This preservation of control can lead to outcomes that are more sustainable and easier to comply with over the long term.
Divorce litigation carries significant and unavoidable risks and downsides. Once a case enters the courtroom, you surrender control, and the process instantly becomes adversarial, exponentially more expensive, and far slower. The judge assigned to your case may not fully understand you or your family’s unique needs, but their decisions are binding. Both you and your spouse may come away unhappy with the outcome. Moreover, the entire process is public, forcing the disclosure of highly private financial and family matters in open court.
There are scenarios that may warrant the expense of a trial, including when the amount of support or property in dispute substantially exceeds what it would cost to litigate. We can work to streamline any unavoidable litigation by making every effort to limit the trial to only the truly unresolvable disputes.
Our strategy is to maximize your leverage at the negotiating table while simultaneously developing a comprehensive litigation plan. We can conduct thorough discovery and financial analysis to assess the strengths and weaknesses of your case, which allows us to negotiate from a position of knowledge and strength. Our goal is to develop a durable settlement that protects your key priorities, whether that means preserving your business interests or establishing a manageable custody schedule. However, if your spouse proves unwilling to negotiate reasonably, or if settlement talks stall, our firm is fully prepared to aggressively and effectively advocate for you in court.
How Adultery Can Affect the New York Divorce Process
In general, whether or not your spouse had an affair will not affect the procedural aspects of your divorce. Although New York was the last state in the United States to adopt “no-fault” divorce, the courts view the dissolution of a marriage as the dissolution of an economic partnership, meaning that it doesn’t matter why the dissolution is occurring, only that each partner gets a fair share of the assets and debts.
With that said, if your spouse spent significant amounts of money on a paramour, or if they acted inappropriately with a paramour in front of your children, then a court may award a larger portion of the marital assets to the spouse who was cheated on to make up for the marital funds wasted on the affair. They may also award legal and physical child custody to the spouse who is not behaving inappropriately in front of the children.
If you are contemplating divorce and have questions or concerns about how the process may affect your complex assets, we encourage you to schedule a consultation by calling (914) 768-2902 or contacting us online.
