Legal Question in Family Law in New York

Re: divorce

When you say your husband "was unaware until after the fact" do you mean that he was never served with papers prior to the entry of judgment? If so, how did you file an affidavit of service in the action?

In any event, while your divorce judgment is valid until challenged, if any one of the following is true, your divorce judgment may be open to challenge, and you should contact a qualified matrimonial attorney immediately.

1. You did not actually serve your husband with papers prior to the entry of a judgment of divorce.

2. You did not properly file an affidavit of service of the Summons and Complaint in your divorce action.

3. You did not serve your husband with Notice of Entry of the divorce.

4. You did not file an affidavit of service of the Notice of Entry.

Re: divorce

In order for your divorce to be valid you had to have served your spouse with notice of the divorce proceeding, thus giving your spouse an opportunity to respond.

Did you you serve your spouse with notice of the divorce?

Charles A. Whittier, Esq.