Lancaster, PA asked in Divorce for New York

Q: Papers signed at atty, not filed, how long before it expires? Lawyer said it expires if he doesn't file with court?

All the paperwork, settlement agreement was filed May 2018. I gave my lawyer $7000 for an uncontested divorce. He said the fees are all for time he spent preparing the forms. He wanted an additional $5000 or he wouldn't file it with the court. So I told him I don't have the extra money right now. He texted me just now and said the paperwork gets stale and he needs to know if I want to proceed otherwise we will have to start all over again. Is this true? Does the paperwork get stale as he put it? Or can I wait at least 6 months before I can save the money. Suffolk County New York

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1 Lawyer Answer

A: Something does not sound right. 12,000 for an uncontested divorce?? Did your attorney actually negotiate the terms of your divorce, or were you and your spouse in agreement on all issues? An index number can expire if the defendant was not served, but if he signed the Defendant's Affidavit and all of the other documents for submission as an uncontested divorce should be filed. I am very concerned about the amount of money if this was truly an uncontested divorce.

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