Why is my divorce taking so long in NY?

Asked about 2 years ago - Patchogue, NY

My wife was served with my attorney's letter over 4 months ago, and she and her attorney have failed to respond and produce the income information requested. There has been no contact or movement on my case. Can my attorney file a complaint for divorce so I can end the saga? If not, what can I do?

Attorney answers (5)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . There are things your attorney can do to get the case moving along. Push them. If you are not satisfied with your attorney's efforts, find another one. Any unearned fee must be refunded to you.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . An attorney's letter is utterly ineffective as a device to compel any particular action in a divorce case. Your attorney should know what to do next...if he or she doesn't, that's a problem.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Hayley R. Greenberg

    Contributor Level 16

    2

    Lawyers agree

    Answered . I am sorry to hear about your situation.

    SInce you have an attorney you should really contact her/him and discuss your concerns as there may other issues happening that you are unaware of or there might be some strategy that you are not following. If you are not happy with your attorney you should consider finding a new one.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

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    Hayley Greenberg
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  4. Susan Kathleen Duke

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I agree with the reply below. While starting with a letter to see if a quick settlement may be brokered may make sense, when a response is not obtained within a couple of weeks the actual commencing of the divorce and having your wife served with actual divorce papers should be explored. The actual filing and service of a summons for divorce is the only thing that will require her to respond.

  5. Virginia Giselle Alvarez

    Contributor Level 16

    1

    Lawyer agrees

    Answered . From the information provided I am believing that what your attorney served was a notice that you wanted a divorce and that you were hoping to do this uncontested with an agreement. If no response is received your next step is to file and serve the complaint in the action. This is not to say you cannot still reach an agreement and attempt an uncontested action but will get things moving. Once she is served she will need to respond in a certain amount of time. More importantly with these set times you will be able to at least get a better understanding what it is she is looking for. How long the case itself takes depends on whether you reach an agreement what kinds of disclosure is needed and also the courts caseload.
    You do have an attorney who you should speak to. If you feel it is not a good attorney client fit you can retain new counsel.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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