Vacating a Divorce Default Judgment in New York
Canceling an NY Default Judgment
Did your divorce go through without you being present because you were not properly notified of the court proceedings? Perhaps you were deployed in the military overseas, serving time in prison, or otherwise out of range when your wife or husband filed a petition for divorce — and it was finalized by default without your participation.
Did you lose custody of your children because you were not properly served or you had a reasonable excuse for not appearing?
In this and a number of other scenarios, it may be feasible to ask the courts to vacate a default divorce judgment, child custody order, child support order or spousal support order. Perhaps the court that “finalized” the decree or order did not have proper jurisdiction. Maybe there was an excusable default.
To learn more about our experience in helping reverse default divorce judgments or vacating child custody orders, schedule a free consultation with our experienced Albany divorce attorneys. Call 866-831-5208 or e-mail our family law office today.
Vacating Default Judgments and Orders May Be Defensible Through Various Arguments
Although a divorce decree or a child custody order appears “final,” there may be cause to seek to have the court action vacated. Our law firm has helped individuals in divorce proceedings as well as parents in vacating default judgments and orders — such as parents who wrongfully lost child custody because they did not receive proper notice or the matter was settled in another jurisdiction.
Was your divorce finalized in your absence because you had moved and did not receive the required notice? Learn how our family law attorneys at Colwell, Colwell & Petroccione, LLP, in Albany can help you resolve this and other post-decree or post-court order matters such as enforcement or modification of child custody or spousal support orders.
You don’t risk anything by giving us a call. All clients receive a free initial consultation with a lawyer. To schedule yours, call 866-831-5208 or contact our Albany law office online. We’re ready to help advise on vacating default judgments and orders.