Legal Question in Family Law in New York

My Preliminary Conference was originally scheduled for February 24th but was cancelled because my case was reassigned from one judge to another, although I it was never explained to me why that was. It was rescheduled for March 30th but was yet again adjourned until May 10th and I was never informed of why the March 30th date was adjourned. Furthermore, I was never given any kind of written notice of the March 30th date nor have I received written notice for the May 10th date yet, despite it being less than a week away; I only know what I do because I have checked the online docket information but that doesn't given any details. I am getting quite frustrated with these continuous delays without explanation and the fact that I have received no written notice for either the March or May dates. At this point I am honestly considering not going to the May 10th date because I have not been given my due process rights in service.

My questions are:

1) Shouldn't the court offer some kind of explanation as to why the case is reassigned and adjourned?

2) What IS proper notice from the court to the parties in a divorce? Thus far I have only received written notice that I didn't have to sign for. Does notice from the court not have to be certified?

3) Would I be doing anything legally wrong by not going to the May 10th hearing considering that I have received no written notice? I mean I was never told I am obligated to check the online docket information, without which I would not even know as much as I do.

4) What can I do to stop these delays and bad service and to finally HAVE a Preliminary Conference so as to move this process along after nearly three months of delays and inactivity?


Asked on 5/05/10, 8:59 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

1. No.

2. Regular mail. It does not need to be certified.

3. Yes. You would be in default.

4. Manhattan has only six matrimonial judges to handle all the divorces in the borough. Delay is something you should expect, especially if you're handling your case yourself.

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Answered on 5/10/10, 1:34 pm


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