Legal Question in Family Law in New York

Re: Affidavit of opposition

What you need to do is show that the defendant was properly served with the 'notice'. There are no voluminous 'opposition papers' for you to submit.

Your 'affirmation in opposition' should be submitted to the court at least 7 days before the return date listed in the 'notice of motion' served on you. Serve his lawyer, not him.

The affirmation in opposition should include the notarized 'affidavit of service' and 'soldiers and sailors' affidavit.

If they claim the 'soldiers and sailoors' as not made within 30 days of the submission, then that is not legally sufficient to vacate the judgment. They will need more than that.

In any event, the defendant must also show that he has "good defense" to the action (for divorce). That requirement may create a problem for him, even though lack of service would vacate the judgment all by itself. Not every judge will look deeper than that this is an action for divorce and thereby deny the motion forthwith.

Good luck.

Re: Affidavit of opposition

Generally, if the "time," "person" and method of "Service," to Answer, is not specified, Answering Papers, should "Mirror" the Motion Papers; or per the Court or named Judge's instructions. And, Judge and Court Rules are available from Court Clerks, Online, the Law Journal, and etc..

However, BEFORE you proceed Pro Se, in defending or responding to your Ex's O/S/C to Vacate your Divorce Judgment, YOU SHOULD, FIRST consult with the lawyer who represented you and entered your divorce judgment, by default,

You should carefully review with the lawyer, all of the papers submitted to your file and ask the lawyer's opinion re the liklihood of your Ex's success in overturning the judgment.

You might also consider the possibility that your lawyer may "want" to assist you in this matter, (if for no other reason than ego); and therefore, might be willing to petition the Court, to Order your EX to pay your lawyer fee, based upon the frivolous nature of your Ex husband's action and his ability to pay.

Good luck,

Re: Affidavit of opposition

Quite frankly, if you have this many questions on just the logistics of opposing the motion, you would be well advised to seek legal counsel.

As an aside, if the judgment was granted on default, it will most probably be vacated.

Daniel Clement