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Does an inquest mean the divorce is finalized/granted?

Massapequa, NY |

My soon to be ex failed to show up for a hearing, as a result my attorney was granted a default judgement and the judge ordered an inquest. I just want to know when I will see a light at the end of this tunnel and the divorce process will finally be over.

Attorney Answers 5

  1. You have a lawyer. She or he is the best one to ask.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

  2. An inquest is basically a mini hearing (usually one-sided unless your ex shows up this time) to determine the issues of equitable distribution, child support, spousal support, attorney's fees etc. So yes you will be granted a divorce but these issues need to be determine before your divorce can become final. But as counsel noted, these questions are best addressed with your attorney.

  3. At the inquest, both sides will be given an opportunity to present any claims that they may have. If you have a claim for property distribution, child support, spousal support or attorney's fees, then those claims will have to be presented and proven at the inquest. Once all issues are resolved, the court will issue an order that the marriage is dissolved, but that does not mean you are officially divorced yet. In New York, your attorney will still have to submit a pile of paperwork to the court, and the court will review it and ultimately issue the judgment of divorce. Once it issues the judgment -- you are divorced. You should ask your lawyer to confirm the above. Good luck.

  4. No. Your attorney must still submit documents on notice to your husband such as proposed findings of fact, conclusions of law and judgment of divorce.

  5. An inquest is a one sided hearing ordered by the Judge after a default. The Judge believed there are issues that need to be determined by a hearing and not by submission of papers alone. If your soon to be ex appears he will usually not be permitted to testify since he has already defaulted. Your attorney should be able to answer specific questions.

    The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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