What is the name of your state? NY
My friend was married to a woman for two years who has 5 children all from other fathers. They never had children together. She did not work and lived on public assistance until they were married. He was the sole income earner in the house during the marriage. The marriage fell apart which we all knew would happen. He moved out in October but no separation agreement was done. He continued to pay the bills through the end of 2007 and continued to give her $400 a month for groceries for the first two months of 2008. She and the kids are still on his medical.
He served her with divorce papers back in November. They were I believe a Notice of Complaint. She never responded to the papers in the legal manner in the 20 days. Instead she simply called his lawyer. Since my friend simply wanted to work out an amicable agreement with her for divorce his lawyer did not file the default judgement which I understand she could have since his wife did not respond appropriately to the papers. Instead the lawyer simply told her send in a stipulation letter stating what she was looking for in the divorce and they would go over it and get back to her with his stipulations and if an agreement was met she could simply sign off on everything and all would be well. Well after almost 2 months of dragging her feet she sent her stipulation letter into his lawyer. He did not like what she was requesting so he and his lawyer countered with an offer. She did not like the offer but again dragged her feet responding with her counteroffer. A month or so later her counteroffer or as I like to call it, a bitching and moaning letter finally arrived. Oh BTW she did not hire a lawyer and still does not have one. The letter she sent back was simply her complaining about how he did this and that and how she can't feed her kids and a bunch of other crap. So my friend countered again with an agreement thats mostly in her favor because he just wants to end the crap. She called the lawyer and verbally agreed to it. This was a over a month ago but she never came in to sign off even though his lawyer clearly told her what she needed to do. This week the lawyer called again and she told the lawyer she already said she agreed. When the lawyer asked why she hasn't completed her requirements to agreement meaning to sign it, have it notorized and dropped off she simply told the lawyer she had more important things to do. My friend really wants this end and gave her until Friday and if she did not come in and sign the agreement he was having his lawyer file the default judgement.
My question is can she after she is served with the default judgement still come in and sign the agreement and does the judgement then just become null and void or once the judgement is filed does it then have to be handled in the courtroom. Reason I am asking is my friend would rather it not go to court because of the time and costs. He main reason for having the lawyer file the judgement is to hopefully scare his wife into getting off her butt and getting this thing done so they can go their separate ways.
Thanks,
AdamWhat is the name of your state?
My friend was married to a woman for two years who has 5 children all from other fathers. They never had children together. She did not work and lived on public assistance until they were married. He was the sole income earner in the house during the marriage. The marriage fell apart which we all knew would happen. He moved out in October but no separation agreement was done. He continued to pay the bills through the end of 2007 and continued to give her $400 a month for groceries for the first two months of 2008. She and the kids are still on his medical.
He served her with divorce papers back in November. They were I believe a Notice of Complaint. She never responded to the papers in the legal manner in the 20 days. Instead she simply called his lawyer. Since my friend simply wanted to work out an amicable agreement with her for divorce his lawyer did not file the default judgement which I understand she could have since his wife did not respond appropriately to the papers. Instead the lawyer simply told her send in a stipulation letter stating what she was looking for in the divorce and they would go over it and get back to her with his stipulations and if an agreement was met she could simply sign off on everything and all would be well. Well after almost 2 months of dragging her feet she sent her stipulation letter into his lawyer. He did not like what she was requesting so he and his lawyer countered with an offer. She did not like the offer but again dragged her feet responding with her counteroffer. A month or so later her counteroffer or as I like to call it, a bitching and moaning letter finally arrived. Oh BTW she did not hire a lawyer and still does not have one. The letter she sent back was simply her complaining about how he did this and that and how she can't feed her kids and a bunch of other crap. So my friend countered again with an agreement thats mostly in her favor because he just wants to end the crap. She called the lawyer and verbally agreed to it. This was a over a month ago but she never came in to sign off even though his lawyer clearly told her what she needed to do. This week the lawyer called again and she told the lawyer she already said she agreed. When the lawyer asked why she hasn't completed her requirements to agreement meaning to sign it, have it notorized and dropped off she simply told the lawyer she had more important things to do. My friend really wants this end and gave her until Friday and if she did not come in and sign the agreement he was having his lawyer file the default judgement.
My question is can she after she is served with the default judgement still come in and sign the agreement and does the judgement then just become null and void or once the judgement is filed does it then have to be handled in the courtroom. Reason I am asking is my friend would rather it not go to court because of the time and costs. He main reason for having the lawyer file the judgement is to hopefully scare his wife into getting off her butt and getting this thing done so they can go their separate ways.
Thanks,
AdamWhat is the name of your state?