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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16261
Experience:  Licensed experienced Attorney
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My father and her ex wife file for divorce in March 2012 in

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My father and her ex wife file for divorce in March 2012 in Queens NY. It was an uncontested divorce. All the papers are in. It has been about 15 months. Every time my father or her called the court, they say the judge have the papers. Why can they do to speed up the process? it is a simple uncontested divorce. My father really needs the divorce. It is possible to withdraw this case and my father file a new divorce case in Florida since he lives there? He is the defendant now. He might be able to file as the plaintiff in FL?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your father's difficult situation.

If it is your father's wife who is the petitioner, it is the wife that would have to file dismissal of the divorce in NY and then your father would be able to file a Petition for Dissolution of Marriage in Florida and generally uncontested divorces in Florida take from 2-6 months to be completed, depending on how busy the local family court is.

I wish you and your father the best of luck!
Customer: replied 3 years ago.

Is there a way that they can speed up the process that they already have in NY? It has been more than 14 months. Courts do not have a maximum of time to respond? it seems like is out of the ordinary to take so long when it is just an uncontested divorce. And paper work seems to be in order since they have not sent anything related to that.

Dear Viviana,

Thank you for your follow up.

There is not set time that the courts have in order to process a divorce case in NY, so the only other option would be for your father to hire a local divorce attorney and have this attorney set a status conference hearing with the court, in order to determine what is holding the case up and if there are any outstanding issues that need to be addressed.

I wish you the best of luck!
Customer: replied 3 years ago.

My last question, what do you recommend to me, what you think that will be faster, his wife filing dismissal of divorce and my father filing divorce in FL or to set a status conference here in NY?

Dear Viviana,

It is hard to determine or even estimate it, without knowing what is really holding your father's divorce case up in NY.

I would suggest to at least consult with a local NY divorce attorney and have this local attorney look into your father's divorce case in NY, before dismissing the NY case and filing in Florida.

I wish you the best of luck!
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