Family Law Questions? Ask a Family Lawyer Online.
Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.
In New York the usually processing time for an uncontested divorce is 60 days from the date the completed paperwork is filed with the court.
Does it ever run significantly more? I mean can it take 90-120 days if the court is busy? My own attorney said it usually actually takes only about 30 days.
Would the fact that I have a wedding date set in another country which requires apostille and translation be an acceptable reason for the court to speed things along (past the 61st day)? Or would the court take the view that I had no business setting a wedding date until the divorce decree had been issued?
Since you are talking about the idea of expediting, it got me thinking that maybe there is something I could do to compel my soon to be ex to move things along. At this point, all that is delaying things are a couple of tiny changes in the stip (but everytime my ex sends a change to her lawyer to look over, it takes a week or more) plus these title transfer documents that have been taking her accountant over 2-/12 months now to prepare. Since May, I have been paying the full alimony, child support and supplemental health insurance agreed to in both our post-nup and stipulation. But since none of this has been signed and gone before a judge, I actually have no legal obligation to do so, do I? Would it behoove me to have my attorney write a letter to my ex saying no further payments will be made (or that he will hold them in escrow, would that be better?) until the divorce papers are signed?
Yes since you do not have a legally binding obligation you could hold payments in escrow (withholding altogether would be frowned upon by a judge) until she gets the final documents filed. Usually money is a great motivator.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).