Brooklyn, NY asked in Divorce for New York

Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The answer depends on whether or not you want to use a lawyer. If you are going to be represented, speak to the lawyer and he can get an extension to file an appearance and negotiate other things on your behalf (even if you go in just for a consultation, many attorney will make a call to the other attorney and get you an extension to file the appearance without an additional charge. 0. If you are going to represent yourself, then just file a notice of appearance with the court and the attorney representing the other side.

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