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 could be considered attorney advertising.
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.
Free phone consultation Monday — Thursday 1-5 pm.
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
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 relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
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.
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 based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.