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Q: I filed for divorce. My spouse did not answer and is in default. I filed my Order to Show Cause with the court. We have 2 kids… there is a current order of protection against him protecting the 3 of us. There is no property or assets to divide. I am not asking for spousal maintenance, only full custody and child support. I am not asking for any debts to be split. I just want to be done with him.
Can you hire an attorney after the 40th day and after I file my Order to Show Cause asking the court to grant me a default judgment? Did he miss his opportunity to fight the case or can he indeed hire an attorney now and contest me?
A: The short answer is yes – the courts generally do allow defaults to be vacated. This is all the more so if the Judgment wasn’t even issued yet. Schedule a consult with a White Plains Divorce Attorney for a full assessment.