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If a uncontested divorce is dismissed because one party failed to respond in time can the attorney put it back on the calendar?

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The divorce was in it's final stages near the final judgement and the Judge dismissed it. The attorney said that he has to resubmit some paperwork to get it back on the calendar. Is this so?

Attorney Answers 4


  1. Best answer

    Probably, it depends upon why it was dismissed.

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  2. The attorney may be talking about filing a motion to vacate the dismissal.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. Yes. It's a motion to vacate the order of dismissal.

    Good luck.

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