Legal Question in Family Law in New York
Judicial Intervention
My client has been served divorce papers, 6/99, and had retained an attorney to answer summons. To this date there haven't been any legal documents, visitation and child support papers nor any legal papers submitted to court or presented for separation or divorce. My client has received paperwork from wife's attorney for a request for judicial intervention for contested divorce on 10/00. Is there any legal ramifications requiring his attorney to have presented a separation agreement for this period of time to court? Also, what exactly is this intervention and what is the time frame for this action to take place?
2 Answers from Attorneys
Re: Judicial Intervention
There is no legal requirement that the opposing side submit a separation agreement or stipulation at all. The RJI is filed to have a judge assigned to the case, which will then bring the court into the matter to resolve some of the issues.
Re: Judicial Intervention
There is never a "requirement" that one party prepare a separation agreement. As you know, an agreement pre-suppposes that the parties have agreed to terms.
The request for judicial intervention merely means that a judge will be appointed to handle this "contested" matter.
I suggest your client retain a family law attorney.
Please let me know if I can be of further help.
Daniel Clement
__________________________________
Law Offices of Daniel E. Clement
350 Fifth Avenue, Suite 3000
New York, New York 10118
Tel: (212) 279-6194 Fax: (212) 695-6007
E-mail: [email protected]
Website: www.clementlaw.com
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