Legal Question in Family Law in New York

Judgement by Default

Can you continue on an index # , after 10 years to finalize a divorce? I have filed for divorce and my spouse was served twice with the papers in 1995 - 1996 and he defaulted, and has disappeared. It has been brought to my attention now, that all that needed to be done, at that time , was to file a judgement by default and my divorce would have been finalized in Supreme Court.(Neglected to be informed by my attorney at the time) Can I continue with the same index # ? And, how to go about getting my divorce after not knowing his wherabouts in 9 years in New York State and after him being served twice with papers back then? All, has been established in court,custody, child support,etc., except I need my final judgement of divorce and how to go about it. Its been too long to leave this unfinished. Please advise?


Asked on 9/24/06, 1:13 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Judgement by Default

So long as the case was not discontined you can proceed under the old index #. The only issue that might come up is if the court considers the matter abandoned. But the best bet is to just file the papers and if the clerk doesn't accept them, then you will have to move to Plan B.

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Answered on 9/25/06, 11:41 am


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