If settlement happens in a contested divorce between RJI and the Compliance Conference, do we need to go to court for Compliance Conference? Can the lawyer call the court by phone, and notify that a settlement has happened?
You will not need to attend the compliance conference. In Nassau and Suffolk Counties, you need not make any further Court appearances. In Queens, you are required to appear for an inquest in order to obtain an uncontested divorce.
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The attorney can contact the court to inform them that there has been a settlement. At that point the case can be advanced to put the matter on the record. The attorney of record should be able to guide you as to the upcoming steps.
This answer is only for informational purposes and is not meant as legal advice.
If there is a settlement lawyer can file stipulation of settlement. In that case no one has to go to court again.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
Some Parts require that the grounds for the divorce be stated on the record as well as the basic terms of the settlement. The lawyer for one of the parties may call the Part Clerk to see what their individual procedure is.
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If a verbal settlement has been reached, the attorney can contact the court to advise chambers of same, and request an adjournment of the court appearance to give you more time to enter into a written agreement. Once a Stipulation of Settlement (or agreement in writing) has been signed, the signature pages can be sent to the Judge to advise that the case has been settled and request an order directing the submission of the divorce package.