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Is true that a divorces are taking a year to be finalized? Can I fill for an emergency divorce when he was the plaintiff?

White Plains, NY |
Filed under: Divorce

Description: I married in June of 2012 and decided to separate weeks later. Since we stayed married for few weeks and annulment would be hard on me and i was devastated, we decided to wait for 6 months and fill for an uncontested divorce. My ex husband hired a attorney from his job. In Jan we were ready to go and the attorney took until last week, March 18th, to put all the papers together and send to us the petition to be signed. Forgetting that she misspelled my name and my address twice,slowing even more the process. Doing some research, i found out that the court that he has to fill, KINGS Court, Brooklyn-NY, is very busy and slow, taking sometimes a year to finalize a divorce. I wanna be free of him and go back to my country but before I wanna make sure that everything was sorted out before i leave. My questions are:? Thanks, Mariana.

No kids and we share no properties together.

Attorney Answers 5

  1. Divorce do take a while, however the more you have agreed upon and completed properly the faster they will go take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. In some cases, yes. But usually it's considerably faster.

    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.

  3. Yes, unfortunately the divorce process in New York moves slower than most states. The process used to move even slower before "irretrievable breakdown" divorces were allowed by the State.

  4. Your real question seems to be: from when everything is submitted to the Court (including the settlement & proposed judgment), how long will it take for the Judge to sign off on everything? The difference between Brooklyn & Westchester is not substantial: in Brooklyn, it averages 4-5 months, and in Westchester its an average of 3 months.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

  5. I would just add that you can speed up your divorce by filing an application for preference if you meet the court's criteria. Otherwise you can withdraw and refile. However, give how much time it took your lawyer to get your papers done, you might want to consult a lawyer in your area to insure that the papers get done more quickly.

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