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Can I Appeal The Decision And Re-file For The Annulment

| Apr 12, 2016 | Uncategorized

Q: I was not served with my divorce judgement I had to pay the county clerk to obtain a copy. Within it it states the divorce was granted under default which no court date was given to me for me to even show up. I made all court appearances and was under the impression that the divorce was dismissed based off of the letter I received in January 2016 but now March 2016 I was told I was divorced and paid for the papers. My annulment was pending in another county when this all happened and was dismissed when the other judge spoke to my judge but I was not given any paperwork other than what I paid for.

A: David’s Answer: You cannot appeal a judgment made on your default. You must file a motion to vacate your default, in which you must set forth a reasonable excuse for your default as well as a meritorious defense to the action. Schedule a consult with a White Plains Family Law attorney for a full assessment.

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