West Seneca, NY asked in Child Custody, Divorce and Family Law for New York

Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him for alimony nor his retirement fund. My lawyer sent me my half of the papers and I corrected the two small things she had incorrect on them, signed them, got them notarized and sent them back to my lawyer. That was over two weeks ago and all I can get out of my lawyer is a rude “I’ve told you I’ll update you when I have one. Be patient.” When I try asking her what’s happening. Our divorce papers have my custody for our son in them and my husband cannot be alone with our son for too long. Until those papers are filed he has any right to take him. How can I get my lawyer to send my divorce papers into the court faster?

1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that and he should resign. Two weeks is a very short time for you to expect everything to be done. I think you may have an unrealistic expectation.

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