Two different starting points
Motions to vacate a default divorce often follow one of two paths. If you were never properly served, the argument is that the court lacked jurisdiction over you, and the focus is on the service records and what actually happened. If you were served but did not respond, New York generally requires both a reasonable excuse for the default and a showing that you have a meritorious position on the issues decided. These paths carry different timing rules, and some run from when you were served with the judgment and notice of its entry. Knowing which one fits shapes the entire motion.
Building the motion
The motion is usually supported by a sworn statement explaining why you did not appear, with documents that back it up, such as proof you were living elsewhere, hospital records, or evidence that papers went to an old address. The meritorious side should be concrete; it helps to show which terms of the judgment you dispute and why, rather than simply saying the result is unfair. Obtain a copy of the full court file, including the affidavit of service and the papers your spouse submitted. Courts in New York often express a preference for deciding family matters on the merits, but that preference does not replace a convincing excuse. Delay after learning of the judgment can itself weaken the motion.
What happens while the motion is pending
The judgment remains in effect until a court changes it, so support orders and property transfers usually continue to apply. A request to pause enforcement can sometimes be made along with the motion. If your former spouse has remarried or sold property, the court may consider what can realistically be undone, and some motions focus on the financial or parenting terms rather than the divorce itself. Reviewing the file comes first; from there we identify which path applies and talk about what the motion would ask the court to change. If a deadline may be close, tell us right away so the papers can be prepared quickly.
