Legal Question in Family Law in New York

Stipulation Of Discontinuance

Over two weeks ago my attorney called my spouses attorney to ask if they would agree to withdraw from all divorce proceedings. It has gone on for over a year and I am getting nowhere. Her attorney agreed without delay over the phone and a letter was sent to him asking for signature so that it could be filed with the Clerk of the Court. He has not yet done so and there is no communicaton going on at all. I am now thinking about going ahead with the divorce and just take my chances with the courts. My question is why did I need my spouses permission to withdraw? And can I now go ahead with the proceeding as long as the stipulation of discontinuance has not been filed?


Asked on 11/21/01, 6:29 am

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Stipulation Of Discontinuance

If an Answer has been served to the complaint for divorce, then a Stipulation of Discontinuance must be signed by both attorneys and filed with the County Clerk.

If there was no Answer served [or no complaint], then the plaintiff's attorney may unilaterally file a Notice of Discontinuance with the County Clerk to end the divorce action.

Hope this helps.

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Answered on 11/21/01, 7:06 am


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