After signing stipulation and agreeing on divorce conditions, what is the next step to getting divorce & how long does it take?

Asked about 1 year ago - New Hyde Park, NY

I filed for a divorce from my husband an year back and we have not been living together for the past year. It started off as a case of domestic violence which was then converted to mutually agreed divorce. We signed a stipulation 4 months back but the case hasn't proceeded any further. It almost seems like both my attorney and his attorney are delaying the case. I am now told that my husband is not in the country right now and his attorney doesn't know when he would be back. I am not sure what to do and if there is a certain time limit within which the case has to be finished

Attorney answers (5)

  1. Ronald Steven Nir

    Contributor Level 12

    8

    Lawyers agree

    Answered . Has the divorce been filed in the local state supreme court, if so, then reach out to the clerk of the court, if not then that is the next step.

    The advice I have given does not bind the parties in any manner and is merely given as a courtesy.
  2. David Alexander Browde

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . There is no time limit. However your attorney should know how to move the case forward.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. David P. Badanes

    Contributor Level 12

    6

    Lawyers agree

    Answered . There are a bunch of documents that need to be filed to effectuate the divorce. Ask your attorney exactly what the status is. Once all papers are filed in Nassau County I've seen it take at least 4 months before the judgment if divorce is signed

  4. Robert Anthony Cinque

    Pro

    Contributor Level 5

    Answered . As your attorney may have explained to you, the stipulation is binding upon you and your (former) husband as of the date you and he signed it. As for filing with the court, there are reasons (which may or may not apply to your case) where it makes sense not to do so right away, such as where one spouse is covered under the other spouse's health insurance plan (once a divorce judgment is entered, a spouse is no longer eligible for inclusion on an insured's family insurance plan).

    These comments are a general comment on legal issues, and are not intended to constitute legal advice, which can... more
  5. Theodore W. Robinson

    Contributor Level 20

    Answered . The next step is for the attorney representing the Plaintiff to file the Divorce papers with the Clerk of the Supreme Court. If that hasn't happened yet, then call your attorney and tell him/her you want it done now!! You have an absolute right to your Divorce being finalized.

    Of course, there may be issues of payment of fees or other problems that you didn't mention, so call your attorney and ask for the precise reason why things are being held up right now and don't settle for any answer other than "it will be done this week" and then follow up next week until it gets done.

    Good luck.

    You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

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