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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I am in the process of finalizing an uncontested divorce in

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I am in the process of finalizing an uncontested divorce in New York City. Everything between my soon to be ex and I has been agreed upon. Am just waiting for her attorney to approved the last final typo changes on the stipulation. Also, there are some property transfer documents that need to be signed. (Somehow, it has been taking the person preparing these over 2 months so far -- first a death in his family, then hurricane Sandy, on and on). My soon to be ex has been delaying the process (at least it is not first on her priority list). She's using a friend attorney and a friend accountant, who I suspect are not working as quickly as if she were paying. Certainly the papers could be submitted within a week if my ex was motivated, but I am worried if it take another month or two.My only real concern is that my fiance and I have set a wedding date at the end of August 2013, and I want to feel confident that the divorce decree will definitely, definitely be in place by then. So once the uncontested divorce papers are submitted to the court, any idea of the absolute maximum it could take to get the divorce decree?
Submitted: 1 year ago.
Category: Family Law
Expert:  legaleagle replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  legaleagle replied 1 year ago.
Unless one of you decides to not agree to your uncontested agreement, the court just reviews and signs that why 30 days is possible, 60 days is a norm based on dockets. It is almost never the case that it takes more than 60 but it is not impossible for a court to hold it up that long. If it is the 61st day and you have not received a signed order you can file a status update request with the court to see if you can get it moving and you can even explain why you need the final order. But it is the exception not the rule that it would take more than 60 days.
Customer: replied 1 year ago.

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?

Expert:  legaleagle replied 1 year ago.
In most cases the fact that you are getting remarried and have a date and other items you must take care of, the judge will expedite the divorce as long as both parties, ie you and your soon to be ex, agree to do so. Usually the court only takes a bad view of it if one party is not in agreement with the divorce.
Customer: replied 1 year ago.

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?

Expert:  legaleagle replied 1 year ago.

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.

legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
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