[Christine_77]

My husband and I broke up late in the spring of 2009 and filed for divorce that October. I don't want anything from him and he doesn't want anything from me, but we still have not received a decree. We don't have children, etc. Every time I ask my lawyer about it, she tells me that she's waiting to see where it is on a judge's list or that I should have it within 30 days. She has been doing this for several months now and she has already been paid for her services. I paid her in full before the paperwork was filed. What should I do to get this divorce finalized quickly?

[twinkiedooter]

Sounds like a simple divorce since everyone is in agreement. I don't understand the hold up either. Call the Clerk of Court's phone number and see if the case was even filed! Something is not right here. You can ask the Clerk to look and see if everything is "in order" and ask them what they think the hold up is. You'd be surprised what information you can get from the nice ladies who work at the Clerk's Office Civil Division.

[lawanwadee]

Didn't your attorney tell you that there is no "no-fault" divorce in NY?

Let's see if you meet any of these:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation.

[Christine_77]

Thanks guys for all of your suggestions and for clarifying several things for me! I live on the west coast now but plan to call the NYC clerk's office in the morning. I just tried, but they are closed for the day. Is there any way I can push the lawyer to force her to complete the filing, etc. even though I am so far away? Do I need to take legal action against her? I am starting to feel as though she is taking advantage of the fact that I am no longer living in NYC and I already paid her fee.

[AK lawyer]

... Is there any way I can push the lawyer to force her to complete the filing, etc. even though I am so far away? Do I need to take legal action against her? I am starting to feel as though she is taking advantage of the fact that I am no longer living in NYC and I already paid her fee.

Hold on. Twinkle just guessed that maybe your lawyer didn't file the case. I could also be that the judge has a lot of work to do and hasn't been able to get to it yet. Let use know when you call the clerk's office.

Or, if you don't want to wait until tomorrow, you might be able to check here to see if the case has been filed.