How Divorce Works if Only One Spouse Wants It in the Bronx, NY

Published August 20th, 2025 by Adon & Associates, Attorneys at Law

Divorce doesn’t freeze just because one person says no. In the Bronx, you can end your marriage even if your spouse ignores you, won’t sign, or tries to avoid the whole thing. The court keeps the process moving. You’ll need to stay organized, file the right forms, and be ready for extra steps, but you don’t need your spouse’s permission to move forward.

Filing When Your Spouse Won’t Cooperate

Dragging your feet doesn’t stop a divorce in New York. The spouse who wants out files the paperwork. The Bronx County Supreme Court handles the case. You pick a reason: irretrievable breakdown, cruel treatment, or another ground that fits. The court doesn’t care if your spouse disagrees. The process starts with or without them.

File a summons and complaint with the court
List your grounds for divorce
Gather financial records, pay stubs, and asset lists
Request temporary support or custody if needed
Think about legal separation if you need breathing room

Every document matters. Miss a detail, and the court asks for more. The spouse who files controls the pace. The other can’t stall forever. With our contested divorce experience, you get every form right and every deadline met.

What the Court Expects

Bronx courts don’t rush. They follow a set schedule. After you serve the papers, your spouse gets 20 days to answer if they live in New York. Out of state? They get 30 days. Silence doesn’t block the process. Missed deadlines lead to default. The court still checks the paperwork. No shortcuts.

Financial disclosure is mandatory. The court wants to see every account, every asset, every debt. You fill out forms, submit statements, and show proof. The judge may call a preliminary conference. Temporary child support or spousal maintenance gets sorted early. The court keeps things moving, even if your spouse ignores every letter.

Serve papers and track the response window
Prepare full financial disclosure
Attend court conferences as scheduled
Bring proof for any support or custody requests

Property division doesn’t wait for agreement. The court reviews assets and debts. If your spouse won’t negotiate, the judge decides. The process takes time, but it doesn’t stall out.

Serving Papers When Your Spouse Hides

Some spouses dodge service. They don’t answer the door. They move. They tell friends to say they’re not home. The court expects you to try every legal method. You can’t hand the papers over yourself. Use a licensed process server or someone over 18 who isn’t involved in the case. If your spouse keeps hiding, the court allows alternatives: publication in a newspaper, delivery to a workplace, or other creative solutions through our family law services.

Hire a process server with experience in the Bronx
Document every attempt to serve papers
Request court approval for alternative service if needed
Keep proof of every step

Once the court sees you’ve made every effort, they move the case forward. Your spouse can’t hide forever. The paperwork catches up. When clients come to us, we help document every attempt and pursue every legal option to ensure the process stays on track.

What Happens When Your Spouse Refuses to Respond

Some spouses never answer. They ignore every letter, every call, every knock. The court doesn’t wait. After the deadline, you ask for a default judgment. The judge reviews your paperwork. If everything checks out, the divorce goes through. The court still looks at property, support, and custody. You need solid records: bank statements, pay stubs, emails, texts. Every detail helps the judge make decisions.

Keep a log of every attempt to communicate
Save all financial documents
Bring proof of your efforts to court
Prepare for questions about assets and children

Default doesn’t mean you get everything you want. The court aims for fairness. But silence from your spouse doesn’t block the process. The judge signs the order. The marriage ends. You move on.

Why Documentation Wins in Bronx Divorce

Judges see plenty of spouses who try to stall or disappear. The person with the best records wins credibility. Bring every document. Show every attempt to communicate. List every asset and debt. The court trusts facts, not stories. When your spouse won’t engage, your paperwork becomes your voice.

Bank statements and tax returns
Proof of income and expenses
Records of property and debts
Copies of emails, texts, and letters

Judges don’t guess. They look at what’s in front of them. The more you show, the stronger your case. The spouse who hides loses their chance to explain. The court moves forward with what you provide. If you’re unsure what to gather, our team at Adon & Associates can walk you through the documentation process and help you build a strong case.