Legal Question in Family Law in New York

My husband served me with verified complaint not long ago. I failed to serve him with the answer on time and now he is seeking a default judgment. However, in the complaint all he said for relief was that "the marital property be equitably distributed", so how does a judge decide what to give him if the default is granted when he didn't get specific at all? Can he just request 100% of our marital property since I defaulted?


Asked on 1/18/10, 11:48 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

You should retain counsel immediately so that an answer be filed, even if late. Courts do not like to grant default judgments, and your late answer will likely be accepted.

In any event equitable distribution will proceed normally if you appear, even if late.

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Answered on 1/23/10, 12:05 pm


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