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How do I obtain a default judgement for divorce in New York as a defendant?

New York, NY |

I was served with a "Summons with Notice" in a New York divorce action. Acting Pro Se, I immediately responded with a "Notice of Appearance and Demand" sent via certified mail to Plaintiff attorney. I also filed notice w/proof of service to county clerk. It has now been more then 30 days and I still have not received a copy of the complaint form plaintiff. What are my next steps? Any help is greatly appreciated.


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Attorney answers 2

Best Answer

Did your "Notice of Appearance and Demand" include a demand for a Complaint or something else? If so, I suggest you start by calling the attorney you served and ask them if they are planning to serve you with a Complaint. If you don't like the response or you don't get any response at all, you can purchase an RJI and file a motion to dismiss, but unless you file a counterclaim, you will not be granted a default judgment because you are not the party seeking relief. I suggest you at least consult with a local attorney to review all your rights, options and obligations before you take any further action. This doesn't have to be terribly expensive, and the information you receive in your consultation usually will save you a LOT of time and worry. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: 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.



Thank you for your quick helpful response.


Did you demand a Complaint? Review it, if you did, then call the other attorney as a courtesy and inquire about it.




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