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No-fault, uncontested divorce: one year?

Business 2 views 3 answers
I just filed a no-fault divorce in Brooklyn. Defendant agreed to sign the affidavit with all the waivers. No marital assets, health insurance issues, children. Really simple. The clerk told me that now it takes about a year to the the divorce judgment. Is there any way to speed it up? Any motion? Talking to the judge?

Attorney Answers

3
Virginia Alvarez ·
Unfortunately there is often a long delay in the granting of uncontested divorces. Some counties are even more bogged down by filings than others and as such the time line can be from anywhere from 3 and a half months to up to a year. On rare occassions you can file an emergency affidavit. These are on occasion granted but you need to show a compelling reason why it should be ranted. Some instances that have been considered are illness, or a pending marriage, or possible legal issues. Please note that the court will require evidence of same. Virginia Alvarez 350 Broadway, 10th Floor New York, NY 10013 646-538-3431 Initial Consultation is free.
0 upvotes
Kristen Browde ·
Not unless there are extremely unusual circumstances. But I doubt it will actually take a year.
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Morghan Richardson ·
The answer if you filed in Kings County, unfortunately, is yes, it will take a year or more. You can file an application for preference if you have proof of an emergent need to get the divorce granted sooner. Go to the self-help office in the basement and they can provide you with the forms and requirements to see if you can file for preference. The judiciary budget cuts last year deeply affected the various courts in New York City. From experience, it will take over a year in Brooklyn. Under CPLR 509, if you are filing an uncontested divorce you can select venue. This means that you did not need to file in Kings County. I file all of my uncontested cases in New York County because it takes about three months to process. Queens County can also process the divorce in about three months. Best Regards, Morghan Leia Richardson, Esq. Richardson Legal PLLC 31-08 Broadway, Suite 201 Astoria, New York 11106 www.RichardsonLegalPLLC.com Tel: 212-537-6744 Fax: 212-574-3337
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