Legal Question in Family Law in New York
contents of divorce judgment
In a divorce judgement where there was a trial for grounds only, the prevailing party is told to ''submit judgment'' and to ''settle judgment on notice''. Do the final judgment have to contain the orders of the court given after the court gives its findings of fact and conclusion of law? Or can the divorce judgment contain orders that were not given or contain orders to issues not addressed by the court at the trial? For example, the judgment orders my boy friend to continue to pay child support payments but the trial was for ''grounds only'' and issue of child support never can up during the trial only a reference to go to a special referee.
2 Answers from Attorneys
Re: contents of divorce judgment
These are complex questions. The answer is: Yes. the judgment/order of divorce may (and often does) include matters not litigated before the judge.
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Re: contents of divorce judgment
There is more information I would need to know about the facts of your case in order to answer your question.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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