Legal Question in Family Law in New York

Is this considered implied consent??

I left my abusive ex and was granted a permanant no contact restraining order in Colorado, which also covers his daughter. He filed for divorce in New York, where I used to live and he still does. I answered the action for divorce. The next thing I know its 4 months later and he got a divorce on his terms, except for custody of his daughter. They claim I defaulted. My ex called and said he would leave things as they were if I did not go for child support or anything. If I did he would make sure I was brought back to New York and he would see to it I would never embarass him again.

I went for child support 18 months later, it was denied.

He brought contempt charges against me, but with drew his complaint after battling for 4 months because he was going to lose.

My question is, since he withdrew is petition does that give me implied consent to keep living safely?


Asked on 10/14/02, 5:48 pm

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Is this considered implied consent??

You can move to vacate the default within one year. Were you represented by counsel? Suggest you consult with experienced matrimonial counsel in NY.

If you wish to discuss this with me privately, please call to schedule a confidential consultation. I practice in NYC & Long Island.

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Answered on 10/14/02, 8:00 pm


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