Legal Question in Family Law in New York
Is it too late?
I recently discovered that a dissolution for divorce had been issued unbeknowst to me. There was a 60 day order unless something legally gummed up the works. With about eight days before finality I wrote the judge in the matter to inform him that my address had changed and that nothing from his court got to me or from the plaintiff's attorney. I have a document from the USPS stating that I had changed my address prior to the plaintiff's attorney filing anything except the summons that I was served (I did contest the divorce within the alloted time). The plaintiff, whose name is solely on the marital assets seems to be getting everything and has filed for bankruptcy and in which one home is lost to the bankruptcy. What grounds do I have to appeal? Is it really called an appeal if the judgment is not final? The plaintiff's attorney has responded to the judge and and reissued the documentation on the same grounds that the decree was filed and granted in the first place? Do I have a chance of being heard? Can they just ignore the fact that I didn't get any documentations regarding this matter and go on with the divorce? I cannot afford and attorney what do I do?
1 Answer from Attorneys
Re: Is it too late?
If "Service" of the Summons or Summons and Complaint, was in anyway improper, your failure to Answer or Appear, in Person or in writing, was "unintentional," and due to circumstances largely "outside of your control;" and you have a "meritorious defense" to the action and "good cause" for why the divorce judgment should be vacated, then you might have a chance of re-opening your case.
However, as you probably are now aware, If you were "Personally" or otherwise "Properly" served with a Summons or a Summons and Complaint for Divorce; And, the Court acquired jurisdiction, and you failed to Answer or Appear in Person or in Writing, w/o a "good reason," your husband would have been entitled to entry of a "Default Judgment for Divorce."
Also, IF your address changed AFTER the Court acquired jurisdiction and "issue was joined," YOU had the obligation to advise the Court of your address change.
Thus, without more, your address change would not form the basis for vacating the divorce judgment and returning the case to calendar, either by motion or appeal.
Legal Service agencies, law schools,the courts, and bar associations are all resources that may assist you in finding free or low cost legal assistance.
Good luck,
Phroska L. McAlister,ESQ
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
