Legal Question in Family Law in New York

Time limit after filing for divorce?

I was living in NY when I filed for divorce 11/02. This was filed w/the courts & given an index number, etc. To expedite matters & to allow me to move to Florida w/our daughter, my ex & myself entered into a stipulation of settlement & became legally separated 8/03, and agreed we would hold off on finalizing the divorce until after I was settled & found a job w/benefits. I was just informed the action for divorce needs to be cancelled or finalized. If cancelled I would need to begin from the start & in turn would end up costing more money. I was never once informed on a time frame in which the divorce action would have to be completed & wonder if there really is one or if my Atty., knowing i'm now in Florida just wants to get this off his desk. If I decide to continue @ a later date and my ex is still residing in NY, do I file in NY or here in Fl.


Asked on 11/12/03, 3:21 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Time limit after filing for divorce?

An interesting question. Was the 'stipulation' delivered to the court?

My best guess is that, while your lawyer is technically correct, this type of thing is

handled by a simple motion to the court to 'forgive' the excessive lapse of time.

I have done this before, and there is rarely a problem.

If you have done all of the filings required, the final petition for a judgment is a simple matter. The tough part is getting you and your ex to agree. You have done that, and deserve to feel proud. Not everyone has been able to avoid the blood-letting of divorce!

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 11/12/03, 5:44 pm


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