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Is the necessary paperwork in for my divorce to be placed on the calendar?

Brooklyn, NY |

I am a defendant in a uncontested divorce in brooklyn. His lawyer has filed
-Summons w/notice
-Amended summ. & compl.
-RJI (no fee) Pursuant to Section 202.6(B)
-Note of issue

however when i spoke to the matrimonial clerk she said that more forms needed to be filed and that it has not been filed in matrimonial office.

so two questions
Can this matter be placed in the calendar with these four forms?
And who's responsibility is it to make sure the forms get to the matrimonial clerk, the lawyer or the court will do it when it has been filed?

Attorney Answers 3

Posted

In an uncontested case nothing will move forward until all the necessary paperwork has been filed. It is the responsibility of the plaintiff or the attorney for the plaintiff to file the paperwork.

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Posted

I suspect there are a lot more forms that need to be filed. Here is the link to the Court web site form directory for divorce cases. You will see many forms that you did not list. Usually the plaintif files the forms but that doesn''t mean the lawyer is familiar with what has to be done. Does the lawyer regularly handle matrimonial cases?

http://www.courts.state.ny.us/divorce/forms.shtml

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

I agree with my fellow attorneys.

Gina
Hunter Law Group
www.hunterlawgroup.com

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