Legal Question in Family Law in New York

Vacated Divorce

I have a brief question regarding my fiancee.He was divorced back in 1999.Well he thought he was anyway.What had happened was that he had retained an attorney whom had begun sending my fiancee's ex seperation papers,stating that he was filing for divorce.The ex had totally ignored these papers,riping them up whenever she recieved them and disregarding them.When it was time for her to be served divorce papers,after numerous attempts to mail them to her,my fiancee had his sister serve them to his wife.She destroyed them once again in front of them.Since his attorney felt that the divorce was then uncontested,he filed the paperwork in the courts and they were divorced.Approx. a month or 2 later,when she realized that she was divorced and it was uncontested,se lost out on any share in his pension also their house and a timeshare which they owned.She found a attorney and went before a judge stating that she was not given enough time to find an attorney and that tese papers were served to her on a Sunday,whic is not legal.The judge vacated the divorce.Now he had to retain another attorney and start all over.Can he file a suit against her for the monies that were lost on the first attorney?Please advise us.


Asked on 5/22/01, 7:23 pm

3 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Vacated Divorce

No. He got his money's worth from that attorney.

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Answered on 6/25/01, 10:45 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Vacated Divorce

Unfortunately, from the facts which you have provided, I cannot advise you whether or not your fiancee has a cause of action against his former divorce attorney. I would suggest you find an attorney who deals in legal malpractice, and discuss the case with him or her. Clearly, filing uncontested divorce papers when the divorce was contested is improper. This may not rise to the level of malpractice in this matter.

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Answered on 6/26/01, 6:44 am
Garry Hanlon

Re: Vacated Divorce

Service on a Sunday is illegal and

the Court which vacated the judgment was correct

The attorney is not to blame for the mistake

of the sister

Your fiancee does start from the beginning

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Answered on 7/09/01, 2:13 am


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