Legal Question in Family Law in New York

Can a preliminary hearing be cancelled?

I have been told that, once scheduled, a preliminary hearing cannot be cancelled (by the person who filed for it) but only postponed. Is this correct?

My husband has filed for a preliminary hearing regarding our separation (we separated a year ago, he would not sign any agreement then). He claims that the request for a hearing was a mistake, that my attorney was only to be threatened with going to court to get a response from my attorney. I would prefer to work out the agreement(s) outside of court and file when we're ready. We have a young son. I'd like to understand the process better and am confused my attorney's remarks about it.

Thanks for your help.


Asked on 11/07/03, 4:01 pm

1 Answer from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Can a preliminary hearing be cancelled?

That statement is correct. It can be postponed, but not withdrawn. If you are confused by what you're attorney is telling you, then you do not have a good attorney. None of the concepts involved in a divorce/custody proceeding are so difficult that a client cannot understand them. You can always have a consultation with another attorney and you can always fire your present attorney. Our office is available for this type of consultation or representation.

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Answered on 11/07/03, 5:08 pm


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