Published on:

Court Decides Whether to Vacate Divorce Decree Should Be Vacated

This case is being heard in the Supreme Court of the State of New York located in Queens County. The case involves the plaintiff John Doe and the defendant Jane Doe. A New York Family Lawyer said the plaintiff has motion for the final decree of divorce to be vacated on the grounds that the couple is attempting reconciliation. The Court is asked to determine if there is a benefit to the motion for allowing a vacatur of the final judgment that was made in this case or if the motion should be denied on the grounds of finality.

Case Background

The couple, John and Jane Doe, was married in 2005 in the state of Rhode Island. The couple does not have any children. In 2009, the husband filed for divorce on grounds of abandonment. A New York Custody Lawyer said the husband stated that the wife had left the marital home located in Queens County, New York and was currently residing in Rhode Island.

A decree of divorce was signed on the second of November, 2009. This decree was entered by the Court’s clerk on the sixteenth of December, 2009. The divorce was granted based on the fact that the wife had physically abandoned the husband.

Motion for Vacatur

The motion for vacatur of the final judgment of divorce was served to the counsel of the plaintiff on the tenth of June, 2010. The plaintiff and the defendant have both included affidavits with the motion for vacatur. The counsel for the plaintiff states that both parties of the matter are joint in seeking to vacate the final decree of divorce, without prejudice. A Queens Family Lawyer said the couple states that they have reconciled their differences and wish for the divorce to be vacated.

Court Discussion and Decision

The court is placed in the position of either granting the motion for vacatur or denying the motion. The question before the court is which the correct answer is in this particular matter. There is a long legal process that must be gone through in order for an official decree of divorce to be issued. The couple went through this process and took time in the court for this decree to be given.

While it is not the court’s ultimate decision about whether or not this couple belongs together, the issue is rather whether or not an official decree made by a court should be overturned simply because the couple has recently changed their mind about how they feel about each other.

The decree of divorce was official in 2009 and the couple did not file this motion for almost a year. A Queens Custody Lawyer said there is no reason given for why they have delayed filing for the decree to be vacated.

The court has carefully reviewed the matter and congratulates John and Jane Doe on their reconciliation. However, the court proceedings for the divorce ended last year. The final role of the court in their particular marriage was the granting of the decree for divorce. For this reason, the court will deny the motion to vacate the decree of divorce. The couple is urged to make new marriage vows and start over with a fresh start if that is what they wish to do.

Stephen Bilkis & Associates offers free legal consultations at each of our New York City offices. You may contact any of our offices to set up an appointment to come in and discuss your legal matter with one of our expert litigators. We will discuss your issue with you and help you determine what your best course of action may be.

Contact Information