Divorce Case
Budget: $15 – $25 USD
A "settled" matrimonial case (action #1) from years ago in Nassau County, NY needs to be reinstated to the court calendar for purposes to obtain divorce. Defendant (Def) agreed to a legal Separation agreement (SA) as part of the settlement, which accepted by all parties to divorce. Mid-way through the SA agreement def filed an action (#2) but due to lack of response to court on the action it was disposed of as "abandoned". SA has since expired. Plaintiff (me) now moves to reinstate action #1, the original action to the court citing non-compliance and refusal to cooperate with the divorce.
The def will try and bring into my action 1, their action 2 (court determined abandoned) to prevent delay or obtain the claims they initiated in their action 2.
I need case law that prevents action 2 from being introduced mingled at any point for any reason into my action 1. Case law that supports the denial of any claims, evidence or information to the court that falls outside of my action that has already been filed and submitted to the court years ago. Points of law that would reject the introduction and consideration of anything outside of my case 1 original request for divorce, which ironically enough the def requested a divorce in her action 2.
The def will try and bring into my action 1, their action 2 (court determined abandoned) to prevent delay or obtain the claims they initiated in their action 2.
I need case law that prevents action 2 from being introduced mingled at any point for any reason into my action 1. Case law that supports the denial of any claims, evidence or information to the court that falls outside of my action that has already been filed and submitted to the court years ago. Points of law that would reject the introduction and consideration of anything outside of my case 1 original request for divorce, which ironically enough the def requested a divorce in her action 2.