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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I filed, 5/22/15, pro se, in NYS essex county and served my

Customer Question

I filed for divorce, 5/22/15, pro se, in NYS essex county and served my husband, 9/1/15 summons,summons with notice, and verified complaint with request for notice of appearance. He responded 9/10/15, via mail, with verified answer to complaint, and a counterclaim, but no "appearance" was provided and the forms were not stamped by Essex CC. I called the clerk's office to verify and was told they had not been filed. Can I file a motion for default judgement because he did not respond properly. If so, what is the name of the form and where can it be obtained.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

There is no 'default judgment' for divorce in the state of New York. A 'default judgment' is generally limited to different types of civil actions, but in a divorce you would then need to file the forms properly and seek a hearing, but there is no 'default judgment' to pursue.


Dimitry, Esq.