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
Criminal Defense Attorney
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.
There is no time limit. However your attorney should know how to move the case forward.
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Divorce / Separation Lawyer
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
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 only be rendered after a full review of all relevant facts in a particular situation.
Criminal Defense Attorney
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.
You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.