Legal Question in Family Law in New York
settle judgment
In a matrimonial matter where there is an order to settle judgment do the prevailing party have to submit a proposal to the losing party to sign, do the prevailing party have to notify the other side of a settlement, do the prevailing party have to file that notice of settlement in the County Clerk's office, do they have to file a notice of entry of the judgement of divorce, do they have file an affidavit of service to show that they sent a notice to the losing party, what happens if the prevailing party fails to do any of these things? Is the divorce still legal?
1 Answer from Attorneys
Re: settle judgment
in the case of an order from the court; the losing party must obey the ruling of the court. the losing party may appeal to a higher court, but until then the order from the court controls both parties. a losing party does not have the right to defy a court order.
your question implies that the court has granted an order for a divorce. is this correct? if the court has granted a final order of divorce, then in new york city the judge's clerk files the 'entry of judgment' and the 'clerk of the court' serves the parties.
were you represented by a lawyer? was your spouse represented by a lawyer? did you use the unified court system divorce 'packet'? you are welcome to a consultation without charge at my office at 42 west 44th street in manhatten. please call for an appointment - 646-591-5786.
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