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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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fiance still married and told me divorce is in process. nys

Customer Question

i got engaged in july of 04. my fiance has been sererated for 4 years, but hasn’t finalized his divorce. we are getting married this August..wedding planned. he is waiting and listening to his wife about the status of the divorce. he keeps telling me that it is in the process. i don’t know what to do. i am so upset with him.
Submitted: 11 years ago.
Category: Legal
Expert:  Karel1 replied 11 years ago.
 The same thing happened to me.Tell him and its ture,in ny one must first get a marriage license and they required to see the original seal from his divorce decree so you need to speak to the lawyer as if this isnt,going to happen,you cant loose anymore money and need to postpone the date.The its in process is not good enough when it comes to the tons of money deposited for the wedding.,You need some kind of definite answer and from his lawyer not his exwife.Good luck,but better you know now than latter.Mine worked out he was telling the truth,but i got just the copies of the court document one month before the wedding day and had to go down to halll of records for a copy of the original seal of the document in order to get the license.good lcuk.
Expert:  The Mystic Wave replied 11 years ago.
Greetings:

I'm a litte confused here - who is the one that filed for divorce?


When you say that the wife submitted the paperwork, it appears that she is the one who is filing - thus, were papers served on your fiance? If he is the respondent, then he should have filed a response..thus, he would have signed papers....


Is there a court date scheduled?


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
also, no court date is scheduled. he tells me that 4 years ago, papers were filed and he was served, but nothing happened. now he tells me that his ex's wife's atty. told him that they sent the papers to the judge and that he does not have to sign anything and that once the judge signs it is over. this does not make sense to me. is there any way i can check with the court? i don't think her attorney would lie to him, but this doesn't make sense to me.
Expert:  Jennifer replied 11 years ago.
Hmmmm, something is kinda fishy here. As a general rule after he signs the divorce papers it goes before the court to be signed and what have you. Then there is a "waiting" period, usually about a year, and the divorce is finalized and he would be sent a divorce decree from the court saying so. The only way around this is if someone is contesting the divorce or they haven't settled all the property matters. i would have serious reservations about this situation if I were you. It would be wise to hold off on the wedding planning and such until this matter is finalized. You certainly don't want to waste your money on something that may be tied up in the courts for quite some time.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


There's nothing wrong with this - it happens....If you wish to give me the case number, I can provide you with the status of the case.


Let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

Customer: replied 11 years ago.
Reply to TheMysticWave's Post: so you are saying that in NYS he doesn't have to sign before it goes to the judge? i just want to be sure this is true. i have an index number: 20020710. is that what you need?
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you kindly for responding.


Oh, I'm very sorry - I didn't make myself clear.


I didn't quite say that he doesn't have to sign - what I meant is that it is not unusual that there is a delay as there could be a number of reasons.


You didn't state that he actually filed and signed his response to the original papers that were served on him  - Please let me know.


I do thank you for providing the index number - it appears that this is considered the court case number. Can you also tell me the county wherein this case is filed - certainly though, if you don't mind my assisting you in this matter?  If so, I can secure this information for you by tomorrow.


Please let me know.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


 

Customer: replied 11 years ago.
thank you so much. the county is montgomery in NYS. i don't think he signed any response yet, but no sure. i do appreciate everything!
Expert:  TrulyJupiter replied 11 years ago.
The wife is represented by an attorney, is your fiance represented? It sounds to me like he's just been waiting for it to happen which isn't unusual.

Are there any children and is there any real property? That can complicate and slow things up. Otherwise, uncontested divorces are usually quick and simple.

There is an option of obtaining the dissolution now then division of assets later. I don't recommend that though. Unless it can't be avoided.

The worst case scenario that comes to my immediate mind is getting on the docket before the date you have set for the wedding.
Customer: replied 11 years ago.
he had an attorney,but isnt using one at this point. apparently, she filed in 2001 but nothing since. i am scared to use her attorney's sggestion that the paperwork was sent to the judge without my finance's signature. he is totally waiting for it to happen because he does not want to pay anything.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Please know that I'm presently doing research on this matter, however, please know that the index number you provided is incorrect. Would you be so kind as to advise me of the correct number? - also, please know that I am going by the Montgomergy court jurisdiction....unless it's somewhere else.


Also, please let me know if you wish for me to continue to assist you in this matter - as I did set aside time to do research for you.


Thank you.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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