Divorce judgement and no findings on the financial's

[rocksbenz]

What is the name of your state (only U.S. law)? NYC resident.

I just received in the mail a notice of divorce judgement, i was unoffically served by a process server, i tol my ask several times i didnt want the divorce however, this past May i was according to the Kings County court division officially divorced and the court clerk crossed out of the residences that my wife owns and what we own together, excluding any other assests.

1. Can the court system do this?
2. Can i still fight for any of her properties?
3. What she owned prior to the marriage am i entitled to any assests?
4. We used joint monies and rental income to sustained the properties in her name, etc..

I need some direction**************.....

 

[Golfball]

How were you "unofficially served" by a process server?

And in the end, it also doesn't matter a whit whether you want the divorce or not. If one party to a marriage wants to end the marriage, the most the other spouse can do is to delay things.

Unless you come up with some really interesting answer to how you were "unofficially served" by a process server, it looks like you did have prior notice of the proceedings, and by not showing up, waived your right to assert anything during those proceedings. It is now September, so any deadlines for filing an appeal have also most likely passed.

 

[rocksbenz]

Well, I just received in the mail the papers from the court dated from May 2009, and so my x wife claims her attorney just forwarded them to her. Can i claim any of her properities she bought prior to the marriage but to which we both supported for over three yrs??

 

[LdiJ]

What is the name of your state (only U.S. law)? NYC resident.

I just received in the mail a notice of divorce judgement, i was unoffically served by a process server, i tol my ask several times i didnt want the divorce however, this past May i was according to the Kings County court division officially divorced and the court clerk crossed out of the residences that my wife owns and what we own together, excluding any other assests.

1. Can the court system do this?
2. Can i still fight for any of her properties?
3. What she owned prior to the marriage am i entitled to any assests?
4. We used joint monies and rental income to sustained the properties in her name, etc..

I need some direction**************.....

You will need to consult with an attorney. However it is possible for someone to get a divorce without the signature or permission of the other party. If you were dodging service she might have been able to serve you via publication.

 

[Golfball]

Again, how were you "unofficially served" via process server?

If you were served, and didn't show up, why are you griping about the results?

 

[mistoffolees]

Well, I just received in the mail the papers from the court dated from May 2009, and so my x wife claims her attorney just forwarded them to her. Can i claim any of her properities she bought prior to the marriage but to which we both supported for over three yrs??

Consult an attorney.

If you were never served, then you would have had grounds for appeal, but you may have delayed too long. Note that service is not always what you think it is. If she didn't know how to reach you (or convinced her attorney that she didn't know how to reach you), she could serve you by publication.

As for the property, in general, property she brought into the marriage is separate property. What do you mean you supported it for 3 years? If you truly mingled marital assets, then you MIGHT have a case for getting some of it, but that's fairly difficult. What are the specifics?

 

[LdiJ]

You have received good answers but I am going to add something....

If you are able to reopen the divorce, you would only be entitled to 1/2 of the amount of equity in the property that accrued during the marriage.

Since you have only been married for 3 years, and that 3 years has been during one of the biggest slumps in the housing market in many years, its very possible that there has been NO gain in equity in the properties over the last three years.

Therefore you may spend a considerable amount on an attorney, for little to no gain.