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Do I or my attorney have to appear in court for the motion i have filled for preference in an uncontested divorce?

New York, NY |

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.

Attorney Answers 4


The motion should include the basis for the expedite. No appearance is necessary. It is often just submitted to the clerk's office with the affidavit of service. It is very hard to get the court to expedite a divorce in the NYC area. Good luck.

For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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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.

Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

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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.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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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!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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