Legal Question in Family Law in New York

Is there a time limit for court action?

I am working with a Human Service�s client who lives in Connecticut.

In 1996 his wife, who moved back to New York State from Connecticut in 1992, filed for divorce. They had been separated since 1992. He was served with divorce papers from New York in March of 1996 and answered as required. There were several communications from his wife�s attorney during the summer of 1996, since then no further contact with either the attorney or the court. All his efforts to get information have been fruitless. He has had regular communication and visits with his children, they have received Social Security Disability benefits based on his disability he had a debilitating stroke in 1995. Since the action had been filed in New York he was unable to pursue a no-fault divorce in Connecticut. The client is now in limbo since there has been no conclusion to the action in 6 years and no one including the wife has any answers. She claims she has been unable to get in touch with her attorney. Is there a time limit after which a divorce petition filed in 1996 in no longer valid? Could he then pursue one himself in Connecticut? Any information you could give us would be helpful. Thank you.


Asked on 8/26/02, 12:24 pm

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Is there a time limit for court action?

The best course of action would be to file a motion in the NY Court Action seeking to dismiss the action for "failure to prosecute". Without that motion and an order from the court, the action is still pending.

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Answered on 8/26/02, 4:33 pm


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