Q: In October 2016 I hired an attorney to file for uncontested divorce on the grounds of irretrievable breakdown. All documents and fees were promptly filed in the aforementioned date. My spouse was served about 2 to 3 months later. A date has been set for July 2017 to appear in court. All matters have been addressed including a custody order made in June 2016 in family court after a trial which lasted almost three years. I was under the impression that an uncontested divorce does not require a court appearance.
A: David’s Answer: If your spouse defaulted in appearance, then it’s likely the court appearance is what’s called an “Inquest Hearing.” This entails serving your ex with a Notice of Inquest, and then appearing to testify to the Judge based on your plaintiff’s affidavit. Though not technically required when a party has defaulted after service of the summons, Judges sometimes request it when either children and/or property is involved. For a 2d opinion, call a Bronx Uncontested Divorce attorney to schedule a consult.
