Legal Question in Family Law in New York
I was served with divorce papers 6 months ago and have not filed a response yet. We just completed our child custody case. Can I still file a response?
3 Answers from Attorneys
If you were properly served, it may be too late. Your spouse may have filed his Note of Issue based on your default. Consult a lawyer as soon as possible to see what you can do.
Maybe...but it's hard to understand how you had a child custody case while the divorce case was pending. Consult a lawyer ASAP with all your papers!
Were you served with the summons for divorce only? Have you received any other documents since then? Either way you should file a notice of appearance right away. If the divorce packet was already submitted to the court, you will need a lawyer to vacate the default judgment. You should speak with a divorce attorney immediately.