Q: I filed for a divorce over a year ago. he was served and now fell into default. he was served now he has an attorney and is appearing to the hearing on Monday? what can possibly happen after waiting all this time and him being absent in my sons life and wasn’t much help for his needs only when he wanted too and could..
I filed for divorce, child support and attorney fees.
A: Unfortunately, defaults are “liberally vacated” in divorce actions. Thus, while the Court will likely find that he can no longer contest the termination of the marriage, the Court will also likely allow him to litigate the issues of asset division & custody/visitation/support issues. Schedule a consult with a Bronx Family Law attorney for a full assessment.