Legal Question in Family Law in New York

huband is pro se in divorce trial as respondent. Shows up in court in AM judge says too busy to handle trial that day. Says two parties must work it out by end of day or else new judge and trial

will be assigned. Two parties in AM cant work out issues. Wifes atty says he'll get in contact with

husband regarding trial date. Husband goes home. Wife's atty calls him on cell phone and asks if

he heard what judge said regarding settlement. Husband says he would rather go to trial than negotiate on unfair terms and ends conversation ( approx 11 AM ). Ten min later husband calls atty

;leaves phone msg saying he'll come back if necessary that PM to court house, WHATEVER it takes

he'll be available. Approx 1300 PM wifes atty goes to judge and tells him respondent left. Judge Po'ed,orders proceedings to begin and moves trial to other judge who holds trial in absentia that afternoon, granting wife JDOM on favorable terms to wife. Husband still waiting for lawyer to contact

him about trial date, nearly one week later is told by court that his case was closed and his wife was

issued JDOM. Husband is furious he was not told about trial held without him. obviously wife's atty set up trial without him. What should happen now? Should husband move to vacate judgement?

Should wife's atty and judges conduct be investigated in this matter as both knew husband was only

20 minutes from court house when trial was held and noone tried to contact him?

Asked on 4/11/12, 11:12 pm

1 Answer from Attorneys

Steve Brodsky Esq.

You may have a case for vacating the judgment, but we would need more details. Feel free to call us for a consultation. New York Divorce Lawyer 646-400-0246

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Answered on 4/12/12, 2:20 pm

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