Legal Question in Family Law in New York

appealing a default divorce in new york

The husband filed divorce, the wife did not respond, it went to a default divorce. 5 months later the wife wants to appeal that decision. Is there any precident in New York State or Case Law to show where this has occurred and to prevent this from occurring?


Asked on 2/22/07, 8:46 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: appealing a default divorce in new york

You can not appeal a default judgment BUT you can request that the Judge vacate the default.

You do this by an Order To Show Cause. However, you will need a reasonable explanation as to why you never answered the complaint.

Were you properly served?

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Answered on 2/24/07, 9:57 am


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