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There has been no ruling on my divorce case for 11 months, should I file a writ of mandamus?

Fresh Meadows, NY |

Case is in Queens County and Inquest hearing was held on 6/2013. Spouse defaulted even after being served multiple times. Lawyer says court is backed up and we need to wait for the Judge to get to my number. It seems almost impossible that it will be a year and the Judge has not ruled on the case. Should I be filing a writ or an appeal so the Judge can move on the case? What is the process and can there be a negative impact to the case from the Judge?

Attorney Answers 4


  1. While the wait time you describe is long, it is not unheard of.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


  2. In Queens the delays are horrendous. It's fallout from budget cuts in the court system - and the delay, sadly, isn't shocking. Your lawyer is correct...

    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. If you really want to tick off the judge and insure that your delay is lengthened, then file the writ. Unfortunately, Queens is very backed up and the clerk support has been cut. And Queens is not the worst. I had a similar case in the Bronx and it took 18 months from filing to get the judgment of divorce.


  4. I think I have answered this question before. You can not appeal because there is no order to appeal from. A writ is not a good idea because the Judge may not like being embarrassed and might issue a less than favorable ruling.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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