Generally, a judgment of divorce issued by a New York court dissolves a marriage and determines the rights and obligations of the formally married couple. In some instances, though, justice requires that such judgments be set aside. For example, as explained in a recent New York ruling issued in a divorce action, if a default judgment issued in dissolution proceedings is the product of fraud or deceit, there may be grounds for vacating it. If you have questions about how you can protect your rights in dissolution proceedings, it is smart to confer with a New York divorce lawyer as soon as possible.
It is reported that the parties married in 2008 in Queens County, New York. They had one child during their marriage. In 2022, the husband initiated a divorce action in Kings County despite the fact that neither party resided there. The trial court granted a default judgment of divorce in March 2022, citing an irretrievable breakdown of the marriage for over six months with resolved ancillary issues. In February 2023, the wife (filed an order to show cause seeking to restore the case to the court’s calendar, alleging that the divorce was based on false information and perjury by the husband.
Grounds for Setting Aside a Default Divorce Judgment
The court conducted an evidentiary hearing to determine whether the divorce judgment should be set aside and whether sanctions should be imposed on the husband. Further, the court explained that CPLR 5015(a)(3) allows a party to be relieved from a judgment due to fraud, misrepresentation, or other misconduct. Continue reading