Legal Question in Family Law in New York

Divorce

March 6th, 2006

Respected Lawyer,

I humbly request you to give me a piece of legal advice on a matrimonial matter. My question is, if I fail to appear the court, can the court take any action against me or whether the hearing judge can issue an arrest warrant against me in a divorce case?

I will explain the whole situation now. I had some domestic violence against my wife and I got only the probation. My wife sued me for some damages and she was awarded that. Before that she was going to sell our house which was in her name. When she was selling it, I filed papers for divorce as it was only way to get my share on the matrimonial property, and she then stopped selling the house. But later I wanted to withdraw the divorce and so I wrote to the judge and her attorney. But since my wife has counter-sued me for divorce for hurting her, my withdrawal will have no effect. I had a lawyer for about 10 months and he has quit for whatever reasons. I did not hire another lawyer as I could not afford anymore. I live on small disability income from social security. I do not want to pursue this divorce. I do not want to show up for court dates. Can I do that? Thank you so much.

Sincerely,

[email protected]


Asked on 3/07/06, 5:12 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce

You WILL BE an all around loser if you do not appear in Court for this proceeding; and your NON Appearance will not stop the divorce or provide you with a fair settlement.

Your wife can get a divorce judgment against you, even if you never appear in Court, if you were properly served with her divorce complaint.

Your wife can also ask and receive everything she asks for, with respect to the marital property spousal support, child support and other relief, if you do not appear.

If you cannot afford an attorney, and your wife can, you may be able to have the judge order that your wife pay your legal fees.

BUT, You NEED to appear in Court, with or without and attorney. Be on time and be prepared.

Good luck,

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Answered on 3/07/06, 7:21 pm


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