i filed for uncontested divorce through the county court. my husband was served the papers by a process server he did not answer the petition in the allowed time of 30 days i went to file the rest of the papers and was told that an answer was served by his lawyer. the verified answer was entered 3 days after the allowed time. the clerk entered the affadavit from the process server into the petition. my husband is contesting the divorce can i proceed as he is in default?
I'm licensed in California, not New York, although I would think that the answer is that he certainly can. It's not unusual in divorces that parties take longer than 30 days to respond. That's the shortest amount of time. For example, if the parties were negotiating, then one party might not file a response or wait until it's more appropriate. The fact of the matter is that your husband has a lawyer and sounds serious about proceeding with your divorce. Do you have a lawyer? I would really suggest you hire a licensed New York lawyer to represent you.
Generally, defaults are disfavored, and courts favor resolving cases on the merits rather than technicalities. Even if you are able to obtain a default, there is a strong possibility that it would be vacated in favor of resolving the case on the merits. Further, since your spouse answered, did he deny the allegations for divorce, i.e. is it contested? Or is the answer worded in a way that he consents? More information is necessary to plan strategy , and I suggest you contact a local attorney to assist you. Good luck
Robert S. Grossman, Esq., 585 Stewart Avenue, Suite 300, Garden City, NY 516-745-1700. I am licensed to practice law in the State of New York. My practice is focused in the areas of Matrimonial/Family Law, Commercial Litigation, and Real Estate. The above answer does not create an attorney/client relationship. This response is for informational purposes only, and is not intended to convey legal advice, and is intended to provide only general information. If you require legal advice, please contact an attorney in your community. The question is limited and may not include facts which, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for legal advice from a licensed attorney that practices in the subject area in your state. The law varies from one jurisdiction to another, and changes from time to time.
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