You will be able to get a default divorce if he was properly served by someone not a party to the action.  The process server needs to file an affidavit of service.  If he was personally served outside the state of New York and you satisfy the statutory requirements for the New York court to have jurisdiction, you will be able to proceed.  Consult a local attorney or at least talk to the matrimonial part clerk to see how to proceed upopn default. Additional papers will be required. If you are considering asking the Court for maintenance, equitable distribution or other relief, having an attorney will be very helpful since the court can not enter a judgment without looking at those areas.  Once you waive your rights, you can't go back later and say that you want that relief.