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Q- The plaintiff filed for divorce and I am the defendant. We had a few preliminary conferences in which both parties appeared with their lawyers. After that the Plaintiff stopped showing up to the virtual meetings and only his lawyer showed up. The date got pushed ahead a few times as the plaintiff stopped showing up. Then since there was no contact between the Plaintiff and their lawyer, the lawyer decided to withdraw from the case. After about 4 dates to which the plaintiff didn’t show up in total, I was granted the default to go ahead and the matter was moved to uncontested calendar. In this divorce case, there is a house that I currently live in that is considered “marital property”. That house was fully transferred to my name during the marriage by the plaintiff as a gift, however, no proof of this “gift” as it was verbal. Now upon my lawyers suggestions I am asking for a judgment in my favor in which I am asking for child support for a few years since this was filed back in 2021. (Both my children are 21 or over now). I am asking for the house to remain to be mine and spousal support.
A- Even at your inquest hearing, you still have to prove your case. Moreover, Plaintiff should be served with a Notice of Inquest. As such, you’d need to marshal all your evidence to prove your claims of asset/property distribution, maintenance & child support. For a 2d opinion, please contact a Bronx Divorce Attorney to schedule a consult for a full assessment.