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

Bronx, NY |

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 4


  1. You should file a motion as soon as possible. You must put in an answer to the complaint and get in touch with the court clerk to determine how you can stop the inquest from proceeding. Hopefully your time to answer and fight the action has not passed. I suggest you move as quickly as possible. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. You will need to prove that you missed your time to oppose any action with excusable neglect and a meritorious defense. Contact an attorney, time is of the essence.


  3. Hire an experienced divorce lawyer to assist you. Representing yourself is not a good idea.

    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.


  4. As this is a repeat post, I refer you to my other reply.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.