Legal Question in Family Law in New York

Can I File Too?

My future ex's atty filed Action of Divorce in February. ALL lies. I filed my answer with the court and served him. I have met with the atty, assured him I will not sign off on any lies, and offered a settlement. I have not heard anything, not even a court date, in months.

My question, can I file my own Action for Divorce and request a court date, as he is sleeping on it and I want to get it over with?

I cannot afford an atty as he cleaned me out and I am supporting three children.

Thankyou. --name removed--

Supreme Court in Riverhead, Suffolk County, NY.


Asked on 6/23/03, 2:00 pm

2 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

Re: Can I File Too?

I would need to see all of the papers filed in court, especially your "answer", to tell you what your next steps should be. If you are merely looking to terminate the marriage as quickly as possible, and there are no significant financial issues, it might not even be worth contesting fault. Call me at 212-367-9167 if you wish to discuss your case in further detail.

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Answered on 6/24/03, 12:27 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Can I File Too?

There is nothing in the law which prevents you from starting your own separate divorce action but please understand that you cannot simply demand a specific date from the Court. The Court schedules dates, usually after a conference is requested by the parties. If you do sue for divorce and you can't settle it, there will be a process of discovery as well which is necessary to take place prior to trial.

Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 6/23/03, 2:08 pm


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