Monday, October 08, 2012

At least show up for your divorce trial!

In this recently decided case in New Jersey, the appellate division, in an unpublished decision, refused to grant Husband's request to vacate a divorce, equitable distribution and support order.  He failed to appear at the final proceeding, instead faxing a letter (without any back-up documentation from a doctor) that he had malaria and could not travel from Africa.  You can read the full opinion here.  The trial court had entered a default judgment against him based on the information that the Wife submitted, after noting that he had received full notice and had failed to participate or submit any evidence.

The moral of the story -- participate in your case.  I have had many clients come to me weeks, months or years after a divorce, asking to change the outcome, even though they did not participate the first time around.  Protect your rights at the trial level -- do not procrastinate.

2 comments:

Lahore said...

Get enough proof of that in front of a judge and hopefully he or she will make the right call and give a better time share to dad.
Utah Family Law

Laurice said...

One-form-fits-all simply does not work in the law. Sure, Reno Family Lawyer are trained to use checklists and forms, but every document drafted must be customized to some extent to ensure that the client's objective is completed within the four corners of a document. As any lawyer knows, the devil is in the details in any legal situation.