Located in NY
What is the first step and subsequent steps to be taken in how to vacate a judgment of divorce (in particular, the maintenance portion) which occurred back in 2003 involving a permanently disabled brain injured NCP who was subject to signing separation papers under duress/coercion and mental incompetence due to a severe brain injury?
Just recently, the CP has petitioned for "Enforcement of order made by another court" of past maintenance (5 years total) as part of a divorce judgment that took place in another county back in 2003, since the NCP was institutionalized in a brain injury center from 4/2003 -- 8/2005.
Would it be in our best interest to attempt to vacate the original divorce judgment in the original county that the default judgment and award of maintenance occurred in or would it be more advantageous in pursuing this in the new county of residence, where both reside now, but where the CP just recently petitioned NCP into, for this back maintenance?
Thank you!
What is the first step and subsequent steps to be taken in how to vacate a judgment of divorce (in particular, the maintenance portion) which occurred back in 2003 involving a permanently disabled brain injured NCP who was subject to signing separation papers under duress/coercion and mental incompetence due to a severe brain injury?
Just recently, the CP has petitioned for "Enforcement of order made by another court" of past maintenance (5 years total) as part of a divorce judgment that took place in another county back in 2003, since the NCP was institutionalized in a brain injury center from 4/2003 -- 8/2005.
Would it be in our best interest to attempt to vacate the original divorce judgment in the original county that the default judgment and award of maintenance occurred in or would it be more advantageous in pursuing this in the new county of residence, where both reside now, but where the CP just recently petitioned NCP into, for this back maintenance?
Thank you!
Last edited: