I have to file a motion for default judgement in a divorce case. The defendants whereabouts are unknown. Can I still proceed?

Asked over 1 year ago - Valley Stream, NY

The case was filed in December 2010. He was served but never responded.

Attorney answers (4)

  1. Edwin Drantivy

    Pro

    Contributor Level 18

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    Answered . It is possible. You may still be able to serve the motion papers on him at the address that he accepted service of the Summons and/or Complaint. However, if he shows up to the hearing and opposes the motion, the judge may dismiss the motion based on the expiration of the time period allowing a Motion for Default Judgment.

    A Motion for Default Judgment is not an easy thing to do without an attorney. Whether it be this firm or another firm, you will be well-served to discuss your matter with a New York litigation attorney in a confidential forum as soon as possible.

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . Unless the rules are different in divorce cases, generally a case is deemed abandoned and dismissed if a motion for default not filed within 1 year of service. Check with the Clerk's Office.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . Yes.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  4. Howard Edward Knispel

    Pro

    Contributor Level 14

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    Answered . Defaults must be filed within one year of service. You may need to have him served again. Also he needs to be served personally, in hand. If he wasn't the first time you will not get a default. If you do not know his whereabouts now you will need to file a motion to serve by publication. This is complicated. You need to contact a local attorney.
    Howard E. Knispel, Esq.
    Commack, NY
    631-864-7589

    The above is a general answer and is not considered legal advice. You should contact an attorney before... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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