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My divorce case was abandoned and now I need a new index…

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My divorce case was abandoned...
My divorce case was abandoned and now I need a new index number. Are the papers filed back in 2011 still good or would I need to start from scratch?
Submitted: 4 months ago.Category: Legal
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12/15/2017
Lawyer: DrakeLAW, Lawyer replied 4 months ago
DrakeLAW
DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 1,037
Experience: Attorney
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Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

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Lawyer: DrakeLAW, Lawyer replied 4 months ago

You will need to start from scratch. You may be able to use all the same information from then to make it easier, but you will need to file new documents.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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Customer reply replied 4 months ago
Is there a faster process to have the uncontested divorce completed?
Lawyer: DrakeLAW, Lawyer replied 4 months ago

What State is this in?

Do you both agree on everything?

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Customer reply replied 4 months ago
New York, and we both want the divorce finalized, we both thought we were already divorced so this is due to fault of the lawyer.
Lawyer: DrakeLAW, Lawyer replied 4 months ago

Well...hold one moment then. When was the case dismissed and how was it the lawyer's fault?

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Customer reply replied 4 months ago
from my understanding he didnt file all the paperwork and now that i am asking about it hes trying to get a new index number to finish the divorce, cant he just pick up where he left off?
Lawyer: DrakeLAW, Lawyer replied 4 months ago

I don't think so unless he has some trick up his sleeve. A new index number will mean filing a new case. With a new case, the timelines will refresh. It depends what he is trying to do. Have you asked him? Have you seen any documents he has filed? That will help me answer your questions. Need a little more information.

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Customer reply replied 4 months ago
the last papers filed were from 2011
Lawyer: DrakeLAW, Lawyer replied 4 months ago

But I mean, what is being filed now? What does the lawyer mean by "getting a new index number?" You don't just get a new index number, things have to be filed.

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Lawyer: DrakeLAW, Lawyer replied 4 months ago

Either filing a new case or filing in the old case trying to re-open it.

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Customer reply replied 4 months ago
i was told that when a case is abandoned for more than a year a new index number has to be perchased
Lawyer: DrakeLAW, Lawyer replied 4 months ago

Alright. So yes what that means is a new case must be filed. That is all an index number means.

So a new case needs to be filed with new documents. The uncontested decree can be filed 40 days after the defendant is served.

If you are using the same lawyer to do this...it sounds like you may want to use a different lawyer. Or are you going to do it yourself?

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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Customer reply replied 4 months ago
papers would have to be served all over again?
Lawyer: DrakeLAW, Lawyer replied 4 months ago

Yes. But service can be waived to avoid the expense of actual service.

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Customer reply replied 4 months ago
Can we both just go sign the papers or does it have to be served?
Lawyer: DrakeLAW, Lawyer replied 4 months ago

You can both work together to sign all the papers.

I found you the exact steps you need to take here and some additional information:

http://nycourts.gov/courthelp/family/divorceoverview.shtml

Let me know if you have any specific questions related to the above.

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.

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Lawyer: DrakeLAW, Lawyer replied 4 months ago

Did that help answer your question?

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