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I filed for divorce 2 years ago and did not finalize. Do I have to start over again, or can same index number be used?

Flushing, NY |

I filed in December 2010, and because of different reasons of trying to submit, and moving etc, my wife and I never submitted the paperwork, everything is signed and notorized by outdate. I is fully uncontested as we both want to divorce, we separated in 2007 and have custody,vistation and child support agreements already on file with the courts. Would we have to start the divorce process all over from square one and pay new fees (original filing was done with a poor person's waiver as I was unemployed) or can I use the same index number and proceed by submitting up to date notarized paperwork. As stated, it is uncontested,and we both just want this divorce finalized finally, as we have both moved on with our lives and want this monkey off our backs.

I originally filed in Queens, NY Supreme Court since we married in Queens and at the time we both still lived in Queens. She still lives in Flushing, NY and I have lived in New Jersey since 2011. Does this have any bearing on anything, and can I continue the process in Queens, NY or re-file in New Jersey. (I was/am the plaintiff)

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Attorney answers 3

Best Answer

As long as the action was started you can still submit the papers unless you had a submit date given by the court in which case you would have to make a motion to restore to the calendar. Speak with a local attorney about your specific facts.

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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


You should be able to use the original index number. Just be certain that the affidavits and documents you file with the court reflect the current updates to the law (some requirements have changed since 2010) - otherwise your case will found defective. In some instance the court/clerk may request an affidavit explaining the delay but this is rare.

Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.

Hillary Johns

Hillary Johns


You're good to go.


Depending upon what was filed and how it may still be possible to use the original index number.

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.

Hillary Johns

Hillary Johns


unless the case was dismissed.

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