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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 |

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.

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Attorney answers 5

Posted

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.

Posted

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

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Posted

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.

Posted

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.

Asker

Posted

Can we dismiss his attorney and start a new process up here?

Morghan L Richardson

Morghan L Richardson

Posted

My experience with Brooklyn is that it runs anywhere from 9 months to 18 months for approval.

David Ivan Bliven

David Ivan Bliven

Posted

Preliminarily, as to Ms Richardson's comment, I suppose everyone's experience is differenent - I can only comment as to what my experience has been. As to the question of starting up a new case, the problem with that is that you'll lose all the processing time you've spent so far. Moreover, the times I've stated are rough averages - they generally don't go down too much, but can go up by 1-2+ months depending on backlog.

Posted

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.

Asker

Posted

The lawyer my ex husband hired took almost 3 months to send me the papers (because she misspelled my name 2x and filled a wrong address ). I heard about the Brooklyn court that takes forever to finalize divorces. He also agrees in dismiss that lawyer and refile. I live in White Plains and I heard that the court up here is not as busy as Kings Court.

Morghan L Richardson

Morghan L Richardson

Posted

You don't have to file in White Plains or Kings - if you both agree you can file in any county (see CPLR 509). You are welcome to call my office to discuss. Good luck!

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

Very difficult to get a preference on the matrimonial calendar. Kings is currently taking about 4 - 6 months.

Morghan L Richardson

Morghan L Richardson

Posted

I've never had a preference application in Kings denied. And I've never had a non-preference uncontested take less than 9 months in Kings. (But, all things considered, I do avoid it as much as possible and generally only file there if it is contested!)

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

Kings doesn't like preferences. Best to only ask for one when there is a good reason. Been filing uncontestd in Kings for 25 years. Last year they were taking a year, right now it's in the area of 4 - 6 months. It's rare, but I've seen them take as little as month. Over the past 25 years the average is more like 3 - 4 months.