Legal Question in Family Law in New York

Re: vacating a judgment of divorce

Your answer depends on whether the judgment was obtained by default.

If judgment was obtained by default, you must show a reasonable excuse for the default. However, there must be a strong factual showing to justify vacatur at a late date, and the defendant must show something more than inaction or neglect by his or her attorney in order to enable the court to exercise its discretion on defendant's behalf. See, Hyatt v. Hyatt, 57 A.D.2d 809 (1st Dep't 1977).

If judgment was obtained from a settlement agreement, you would have to demonstrate fraud or collusion or that the person signing the document did not have the mental capacity to enter into a contract. See, Nolan v. Nolan, 137 A.D.2d 799 (2d Dep't 1988).

Mike.