US-New YorkCan I get a divorce if my spouse refuses to cooperate?
Yes, you can get a divorce in New York even if your spouse refuses to cooperate — the court can grant a 'default divorce' after proper service and waiting period.
What the Law Says
New York law allows divorce by default when a spouse fails to respond or participate after being properly served. The process is governed by the Domestic Relations Law and the Civil Practice Law and Rules.
In New York, you do not need your spouse’s consent to get divorced. If your spouse is served with divorce papers but does not file a response (an 'Answer') within 20 days (or 30 days if served outside New York), you may request a 'default judgment' of divorce.
To obtain a default divorce, you must prove that: (1) proper service was made; (2) the time to answer has expired; and (3) the grounds for divorce are legally sufficient and supported by evidence — such as irretrievable breakdown of the marriage for at least six months (no-fault), or fault-based grounds like cruel and inhuman treatment.
The court will hold an inquest — a hearing where you present testimony and documents — to establish the facts supporting your requested relief (e.g., custody, support, property division). Your spouse’s non-participation does not automatically entitle you to everything you ask for; the court must still find your requests fair and supported by law.
Statutory TextThe court shall not grant a judgment of divorce unless the plaintiff establishes the jurisdiction of the court and the existence of a cause of action.
— Domestic Relations Law § 170 — Grounds for divorce
Statutory TextWhere the defendant fails to appear or answer… the plaintiff may apply for a default judgment upon notice to the defendant.
— Civil Practice Law and Rules § 3215(a) — Default judgments
What Courts Have Said
New York courts emphasize procedural fairness and factual substantiation—even in default cases—requiring plaintiffs to meet their burden of proof despite the spouse’s absence.
Held that a default judgment of divorce cannot be granted without competent proof of grounds and equitable distribution factors—even if the defendant defaults.
Rejected plaintiff’s request for sole custody and full asset award on default alone; required sworn testimony and documentation to support claims.
What to Do
File a Summons with Notice or Summons and Verified Complaint with the County Clerk and pay the $335 filing fee.
Serve your spouse properly (in person or via alternate means approved by the court) within 120 days of filing.
Wait for their response deadline (20 or 30 days); if none is filed, file a Request for Judicial Intervention (RJI) and a 'Notice of Entry of Default'.
Schedule and attend an inquest: bring witnesses, financial affidavits, and evidence supporting your claims for custody, support, and property division.
Submit proposed findings of fact and conclusions of law, along with a proposed Judgment of Divorce, for the judge’s review and signature.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.