Legal Question in Family Law in New York
I have filed for a divorce and he was served with the summons and complaint almost 2 yrs ago and has yet to file an answer what do I need to file to get my divorce since he has not answered and the 20 days have obviously elapsed
Asked on 2/12/11, 9:35 am
2 Answers from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
You should file for a default judgment of divorce.
Answered on 2/12/11, 8:05 pm
Steve Brodsky Esq.
CheapNewYorkLLC.com
If he was served properly, then he was in default after 40 days and you could have filed the rest of the case without him. Now, since 2 years have elapsed, you might be too late. Check with the court and ask them if you can file a Note of Issue two years after serving the defendant.
Answered on 2/13/11, 6:49 am
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