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How do I stop an inquest from going forward - DIVORCE CASE

White Plains, NY |

I defaulted in appearance in a divorce action and now an inquest is scheduled. What do I do to appear in the action and stop the inquest?

I received a Defendant's affidavit from an attorney. I did not sign it because there are issues of equitable distribution to be resolved, custody, and child support. I wrote a letter to the attorney and the Court stating that I did not agree to the divorce. Now, I got a notice that there is going to be an inquest.

What do I do? Do I have to file a motion?

Attorney Answers 5

Posted

See previous answers to same question. Contact an attorney as soon as possible if you are in default.

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Posted

Yes, one of your options is to file a motion to vacate the default; however, it is possible that the divorce may be granted anyway, and the "unresolved issues" will just get more complicated and difficult to resolve. A better approach would be to engage an attorney to represent you so you won't be at such a disadvantage as you are now. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Posted

Consult with an experienced divorce lawyer immediately. You need a motion to vacate the default, an answer, a claim for equitable distribution, a request for custody or visitation, and prepare a defense for child support or determine an appropriate amount. You should not be representing yourself in a complicated divorce action with assets and child to divide and a lack of knowledge of legal procedure.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Writing a letter to - or calling - the Plaintiff's attorney is insufficient to fromally answer the complaint, as you've found. To vacate your default, you must technically file a motion to vacate your default in the action. You must generally provide a reasonable excuse for your default as well as state a "meritorious defense." I also highly recommend, at the least that you schedule a free consultation with a White Plains Divorce attorney.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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8 lawyers agree

Posted

You must make a formal motion to vacate your default, and I strongly urge you to retain a lawyer to do it. You're in a difficult situation. If your default isn't vacated (and it won't be if you don't have a good reason to explain why it happen), your property and possibly maintenance rights could be seriously affected (it shouldn't change child support, though).

It is crucial that you hire an attorney immediately; otherwise s/he won't have enough time to try to vacate the default.

Good luck

I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice, even to questioners in NY, and no attorney-client relationship is hereby created.

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