Legal Question in Family Law in New York
I am residing in new york city. I officially left the household in June 2008. My wife and I went to family court and was able to settle the custody and visitation rights. In February 2009 i filed for a divorce from my wife. She refuses to sign the divorce papers. Her and I do not have any property or bank accounts/assets together. The lawyers exhausted all possible ways to try to resolve the divorce, however all was unsuccesful. We were scheduled to appear before the judge in October 2009, we both appeared the Judge asked if she was ready and she said no, the Judge then adjourned the case for December 2009. We both appeared and once again the Judge adjourned the case due to the fact that she was not ready. We were then scheduled to appear again in February 2010, I appeared however she did not and again it is adjourned until May 2010. How much longer is this going to be adjouned and when am I going to finally be able to be divorced?
2 Answers from Attorneys
First, let me say you should sit down with your attorney and discuss this. That is where you should get your answers.
That being said, to answer your question, this will go on possibly several more times but the judge will only give them so much more rope and then she will force the issue. The judge will mark a file final and force them to go to trial on the issues and then make a decision on the divorce and the settlement of all financial matters will be made.
Just don't give up and give her anything she wants just to get a settlement, that is what it seems she is trying to push you to do.
If you wish to discuss this matter further you can contact me at 516.746.4747 or [email protected].
Without a full review of the file it's impossible to estimate how long it will take. However, in Westchester County judges have shown a not unlimited amount of patience for delaying tactics.
Your question doesn't say what issues are unresolved. However, when there are unresolved issues, the proper approach is to set a trial date and have the trial.
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