What Happens When You Default In A Divorce Case

If you are served with a Divorce Summons, you must respond if you wish to adequately protect your rights. If you do not appear or if a Complaint is served file an Answer the divorce will proceed in your absence. Since most married people have assets and debts, may have children who are not emancipated and may own a house, and may also have retirement benefits, it is critically important that you protect your rights.

In NY there are guidelines to determine child support and spousal support. There are no formal schedules for parenting time although many settlements follow a traditional alternate weekend, weekly dinner visit, alternating holidays and school recess and summer break schedule. Of course if you do not respond you will not be able to customize the schedule to meet your needs.

If you contributed or have separate property that is not subject to equitable distribution you will want to be active in your case so that you are able to keep your pre-marital property or other property that falls within certain exceptions to marital assets.

There is absolutely no doubt in my mind that hiring a lawyer to protect your rights is very important. Additionally, you should seek an attorney that predominately practices matrimonial law as they will usually be the most knowledgeable about the changes in Family Law.