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How long does it take in NYC for a divorce to be final once the stipulation has been signed?

Jamaica, NY |

I have to go back to court next Thursday to finally settle this after 2 1/2 years of filing.

Once its settled, how long does it take to get my divorce decree?

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Attorney answers 4

Posted

It depends upon the judge and the court calendar. If you sign a stipulation of settlement in the court while the judge is there, sometimes the judge will "so order" the stipulation. Sometimes, the judge makes changes. Most often, the papers are submitted to the court and then you have to wait at least a few weeks, sometimes much more. Sorry I can't give you a more specific answer, but you can try calling the judge's secretary to see if they will tell you "about" when you could expect a signed order. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Asker

Posted

my fiance had his divorce papers signed by both him and ex wife last november 2011. its now aug 2012. stilll not reviewed by the judge and not signed. how long are the courts systems backed up in new york.????

Mary Katherine Brown

Mary Katherine Brown

Posted

Unfortunately, without seeing all your paperwork it is impossible to know if there is a reason for delay besides the usual court backlog.

Asker

Posted

They said its that the judge has not signed the papers yet.. is that normal for the judge to take almost year to sign?

Mary Katherine Brown

Mary Katherine Brown

Posted

I'm not sure "normal" is the right word, but it isn't surprising or unbelievable. Keep in mind that "waiting for the judge to sign" doesn't necessarily mean it is on the judge's desk; it could be in a backlog waiting for a clerk to check it to be sure it is all in order before it is given to the judge. Once the paper's are handed into the court it is difficult to know exactly where they are at any given time, all we know is the beginning and the end. It is similar to postal mail: one may know when a letter was dropped into a mailbox and when it arrives, but where it is in between those two points is anyone's guess. Sometimes a letter will go from Alaska to New York in a day or two, and another time it will take a week to get from Brooklyn to Queens--go figure? Sorry, I cannot offer more certainty. That said, if it is truly almost a year since all the papers were submitted PROPERLY, then it is reasonable to ask the attorney who submitted them to go to the court to track them down because all of the above notwithstanding, things do get lost sometimes and perhaps the papers need to be resubmitted. Good luck!

Posted

You still have a while to go. After the inquest on your next court date a transcript must be produced and the final paperwork will be submitted to the court. Once the final paperwork is accepted by the court it can still take months to be signed by the judge and entered by the county clerk. Your lawyer should be able to keep you apprised of the developments.

I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Posted

Budget cuts in the court system made the waiting for litigation results very long. not much you can do. If you are about to be remarried or have a pregnancy issue, there are mechanisms to get it done faster.

Asker

Posted

I did have a baby with my current boyfriend. I do wish I am divorce soon so that I can remarried again. What are the mechanisms to get it done faster?

Howard J Pobiner

Howard J Pobiner

Posted

File an affidavit saying that you and your boyfriend had a baby and you want to marry your boyfriend.

Asker

Posted

That sounds good. I always thought that you have to wait and wait until divorce is finalized in order to get remarried. I will keep that in mind. Thank you. :-)

Howard J Pobiner

Howard J Pobiner

Posted

You still have to wait until you have a certified copy of your civorce decree, but filing the affidavit should speed up the process.

Asker

Posted

Oh ok. I guess I have to wait because I am not divorce yet since I filed almost 3 yrs. ago. I am just so frustrated because the other party is being very spiteful and wants to see me miserable. Thank you again for the information. I will still keep that in mind.

Posted

There is no real way to answer this question. It all depends on the back log or overwork on the courts. The "clock " does not start until the Stipulation and all other submission documents are filed, not from when the case is marked settled. Generally it seems to take around 6 months once everything is fully submitted.

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