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Asked 6 months ago - New York, NY
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I filled for motion of preference in an uncontested divorce and i have to submit affidavit of service. My question is do i or my attorney have to go in person in front of the judge to give him the reasons why we want to expedite the divorce. In the motion i have written that i have to file for immigration petition next month & it requires divorce judgement.
My attorney says we don't need to go, its a court procedure and they will let us know, if its an emergency case or not. Please advise.
Unless otherwise instructed, there are no appearances required on this type of motion. However, you may have a better shot if you visit the head matrimonial clerk in NY County and explain your predicament. Bring proof of your immigration matter. Depending on how compelling your case is they may grant the preference.
Unless the part rules require an appearance for motions then they are "submitted" meaning on the return date the papers are checked to see everything is there and then they go to the judge to make a decision with no appearances necessary.
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In general, I agree with all the comments of the other attorney's who have posted answers to your question; however, I also caution you that it is the advice of YOUR attorney upon which you should rely. If you don't have an attorney, that's one thing, but you say you do, and you say your attorney has already told you what to expect. The reason it is important to listen to what your attorney tells you is that, presumably, your attorney knows all the confidential details of your matter and offers you advice based upon this knowledge. Those of us who answer anonymous questions online can only provide you general legal information because we don't know all the details. If for some reason you don't have confidence in your attorney, then you should seek to engage another who will then review all the details of your matter and advice you accordingly. Good luck!
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