Legal Question in Family Law in New York
time elapsed after filing divorce
I had a Verified Complaint/Action for Divorce filed against me.
How long do I have to wait for them to file a court date before I can file application to dismiss ro order to show cause (why not to dismiss).
Suffok County NY Supreme Court
3 Answers from Attorneys
Re: time elapsed after filing divorce
You (or your attorney) should file the motion to dismiss without waiting for the plaintiff to schedule a court date.
Suggest you consult with an experienced matrimonial attorney.
Re: time elapsed after filing divorce
Assuming you wish to contest the petition for Divorce, you must file an answer before the 20/30 day limit (20 if you were given the papers in person, 30 if by mail/other). Good reasons to contest a divorce relate to equitable distribution of assets (how to divide up the current and future financial assets) and also child care issues. NY requires a person give a 'reason' for a divorce and just fighting over the legal reasons may not make it worth the fighting. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.
Re: time elapsed after filing divorce
I did not fully understand your question due to the wording. The way you get your case in front of a judge is by filing a Request For Judicial Intervention, which costs $75. I would highly recommend that you consult with a lawyer if you are being sued for divorce.