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  1. #1

    Default Separation/Opting Out Agreement Not Filed on Time

    My question involves a marriage in the state of: NY

    My separation/Opting out agreement for my divorce was due to be filed by November 1st. We had our conference in the beginning of September and the judge made his ruling on our only argument which was jurisdiction of custody. He then said the separation agreement needed to be filed by 11/1. My husband's lawyer insisted on preparing it since he is the plaintiff. By the deadline given one had not been sent over, so my lawyer decided to prepare one and sent it over. The court had contacted both lawyers asking why this has not been filed with the court on time. My lawyer two weeks ago sent my husband's attorney an email asking what the hold up was and said she would request the matter go back on the calender and also request attorney fees. She finally heard back from his attorney saying she hadn't even showed him the draft of the agreement yet. I asked her what more could be done and she told me I could write to the judge and ask what the hold up was basically. Is this what I should do? She has no idea why it's being dragged out. I'm just wondering in this situation what can be done. It's not a complicated divorce, we had no assets together so outside of trying to avoid paying child support longer I'm not sure why his side is dragging their feet in the matter. I just know my lawyer is even getting frustrated as far as she has said.

  2. #2
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Separation/Opting Out Agreement Not Filed on Time

    You have a lawyer. You should ask her advice.

    That said, I have never heard of a judge being receptive to letters from parties -- and especially not from parties who are represented by counsel. Also note that there is no requirement to resolve a divorce by agreement. If your husband isn't cooperating, then you may have to litigate the case.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,037

    Default Re: Separation/Opting Out Agreement Not Filed on Time

    If it's before a judge, it is being litigated. Isn't that true?

  4. #4

    Default Re: Separation/Opting Out Agreement Not Filed on Time

    Quote Quoting budwad
    View Post
    If it's before a judge, it is being litigated. Isn't that true?
    It's currently not on the court calendar. We went before the judge and dealt with a child custody jurisdiction issue. Other than that we are agreeing to keep our debts each our own and have no assets together. So the judge took it off calendar and told us to file an opting out agreement by November 1st. One was sent over but his lawyer has not shown it to him and we have not signed and filed one still.

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