Legal Question in Family Law in New York

I was served with divorce papers 6 months ago and have not filed a response yet. We just completed our child custody case. Can I still file a response?

Asked on 7/15/13, 2:35 pm

3 Answers from Attorneys

Steve Brodsky Esq.

If you were properly served, it may be too late. Your spouse may have filed his Note of Issue based on your default. Consult a lawyer as soon as possible to see what you can do.

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Answered on 7/15/13, 2:37 pm
David Browde David A. Browde, P.C.

Maybe...but it's hard to understand how you had a child custody case while the divorce case was pending. Consult a lawyer ASAP with all your papers!

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Answered on 7/15/13, 3:08 pm
Jordan Trager Wisselman, Harounian & Associates, P.C.

Were you served with the summons for divorce only? Have you received any other documents since then? Either way you should file a notice of appearance right away. If the divorce packet was already submitted to the court, you will need a lawyer to vacate the default judgment. You should speak with a divorce attorney immediately.

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Answered on 7/16/13, 9:32 am

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