Legal Question in Family Law in New York
When moving forward on a divorce and treating it as ''contested''
I am trying to move forward on my divorce since my husband doesnt want one and i do. To move forward I was told I need to either:
A) File a reccomendation for a conference in front of a Judge
or
B) File for an application(petition)? to get my husband out of the house, temporary child support etc
My question is: other then the price difference what else is there on these 2 options. I can't find info on them at all!
I want my husband out of the house before July begins; can that happen? thanks
1 Answer from Attorneys
Re: When moving forward on a divorce and treating it as ''contested''
It is difficult to tell from the limited information given what the situation is at home which would make it necessary to exclude your spouse. If you had cause, ie he was abusive or such, then you could file an Order to Show Cause and temporary support order - but - that would probably not be heard for at least a month or so (depending on the court) and your husband would have a right to oppose such a motion and file one of his own. In order to move the divorce along, absent extenuating circumstances, you would need to file a Summons and Complaint, he would have an opportunity to answer same, and then a preliminary conference would be set up with the court - but that would probably take well over a month. These things tend to take time.
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