Can You Get a Divorce in New York Without Your Spouse Signing

Facing divorce can be overwhelming on its own. But what happens when your spouse refuses to sign the papers or can’t be found at all? If you’re in New York, the good news is: yes, you can still get divorced. This article explains how, step by step, and how Miller Law can help guide you through the process.

1. No‑Fault Divorce: Consent Isn’t Required

Since August 2010, New York has allowed no-fault divorcesyou don’t need to blame your spouse, nor do they need to agree to end things. All that’s required is one spouse filing documentswith the Supreme Court in their county, stating the marriage has irretrievably broken down for at least six months.

In short: even if your spouse won’t signor actively refuses, they can’t block the divorce itself only slow it down.

2. Default Divorce: When Spouse Ignores the Papers

If you serve legal notice and they simply don’t respond, you can pursue a default divorce(also called “no-signature-required divorce”).

How it works:

1. Filea Summons with Notice or Summons and Complaint at the local Supreme Court. 
2. Serveyour spouse via a neutral third party within 120 days of filing. 
3. Wait: if they’re in New York, they have 20 days to respond; outside New York, they have 30 days. 
4. No response?You file for default judgment. The court then finalizes the divorce without their active participation. 

Timeframe and costs:
Default divorces usually go through in 3 to 6 months, depending on court backlogs. Costs include filing fees (~$335+), plus your attorney fees and any required affidavits.

3. Divorce by Publication: If You Can’t Locate Your Spouse

What if your spouse is missing or in hiding? New York allows divorce via publication.

Steps involved:

1. Make a serious effortto locate your spouse framing the court that you looked in public records, reached out to known contacts, etc. 
2. File a motionasking permission to serve by publication. 
3. Publish a noticein a local paper for three weeks. 
4. If no responseafter publication, proceed with divorce by default judgment. 

This ensures your spouse had reasonable opportunity to respond even if they’re absent.

4. Contested Divorce: When Your Spouse Objects

If your spouse responds and disagrees on grounds, asset division, spousal support, custody your case becomes contested.

Key points:

• They can’t stop the divorce, but they can contest the terms. 
• The case enters a full litigation process: exchanging documents, negotiation, mediation, pre-trial conferences, and possibly a trial . 
• Such cases can last 1–3 years, with higher legal costs. 

5. Why Spouses Refuse to Sign

Here are some common reasons:

• Emotional hold: They want to delay or are not ready emotionally to let go. 
• Leverage: They might use it to negotiate a bigger settlement. 
• Principle: They may feel morally opposed or insulted by the filing. 
• Inaccessibility: They can’t be found or are evading contact. 

Knowing their reasons helps shape your strategy on how to proceed.

6. How Miller Law Helps When Divorce Isn’t Mutual

At Miller Law, we offer skilled and compassionate representation focused on achieving results especially when your spouse won’t cooperate.

Here’s how we assist:

1. Prompt filing and service– We prepare your initial petition and handle official service by a neutral third party. 
2. Strict compliance– Whether filing a default divorce or serving by publication, every step follows court rules to avoid delays. 
3. Skilled advocacy in contested cases– If hearings are required, we pursue strong legal arguments, handling everything from temporary relief to final trial. 
4. Settlement-focused negotiation– Even in default situations, courts want arrangements for asset division, child/spousal support, custody. We help propose and formalize these terms. 
5. Emotional support– Facing a one-sided divorce can be hard. We provide steady guidance and help alleviate stress.

7. Frequently Asked Questions

1. My spouse refused to sign and is staying with a friend. Can I still get divorced?
   Yes. If you can identify their location for service, they have the standard 20/30 days to respond. If they remain unresponsive, default divorce is an option.
2. What if they respond late, after 30 days?
   Courts might allow late responses via motion, but it can lead to contested procedure. Acting within deadlines is best.
3. Do I need proof of assets and custody plans even if it’s default?
   Yes. The court must review and approve financial affidavits, child support, custody and asset distribution before finalizing the divorce.
4. How long does publication divorce take versus regular default?
   Publication adds process time—securing court permission, waiting out 3-week publication period, then filing default. Expect 6–9 months, depending on court schedules.
5. Can I file on my own?
   Yes you can file pro se. But process errors are common. Legal support helps avoid delays and mistakes.

8. Your Next Steps

1. Talk to usfor a free case evaluation. We’ll review your situation and recommend whether to pursue default, publication, or contested divorce. 
2. File promptly.Time limits matter service must occur within 120 days of filing. 
3. Follow through.Respond quickly to court requests and provide all necessary documents.

9. In Summary

• You can get divorced without your spouse’s signaturein New York, thanks to no-fault laws. 
• Default divorceapplies when they are served but don’t respond. 
• Publicationis an option if they can’t be located. 
• Contested divorcehappens if they respond and fight terms but cannot legally stop the divorce. 
• Miller Lawmakes sure you follow every rule, protecting your rights, minimizing stress, and securing your future.

If your spouse has refused to participate or if you don’t even know where they are don’t wait. A divorce can still move forward.Contact Miller Law today for a consultation tailored to your needs.