default divorce??

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AEMT

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I live in New York State. I have a friend that is trying to get divorced from his wife, but she is doing everything in her power to delay it--just because she knows he wants to get remarried. Well she filed the paperwork first, so that he couldn't, but then told him that she had no more money to give her lawyer, so the papers won't be served, and the divorce will not proceed until she can give the lawyer more money. Well, little does she know that the papers were served, and my friend's lawyer has written the response, but then also included a counter-claim. His lawyer says, that since they filed a counter-claim, if she does not respond (b/c she doesn't have a lawyer or whatever) then my friend will be given the divorce by default. My questions are, can she stall it by asking for delays (or whatever it's called) b/c she claims she doesn't have the money for a lawyer; and if she doesn't answer, how long does it take before a default divorce is granted?? Thank you.

Rachel
 
Originally posted by AEMT:
I live in New York State. I have a friend that is trying to get divorced from his wife, but she is doing everything in her power to delay it--just because she knows he wants to get remarried. Well she filed the paperwork first, so that he couldn't, but then told him that she had no more money to give her lawyer, so the papers won't be served, and the divorce will not proceed until she can give the lawyer more money. Well, little does she know that the papers were served, and my friend's lawyer has written the response, but then also included a counter-claim. His lawyer says, that since they filed a counter-claim, if she does not respond (b/c she doesn't have a lawyer or whatever) then my friend will be given the divorce by default. My questions are, can she stall it by asking for delays (or whatever it's called) b/c she claims she doesn't have the money for a lawyer; and if she doesn't answer, how long does it take before a default divorce is granted?? Thank you.
Your friend's lawyer knows best with regard to these questions and the specific case. You are talking about an adjournment and while these are given for reasonable circumstances, the court usually won't let one party play around for an extended period of time (although there might be some delay.) No judge I know likes to be used for personal reasons and they usually know who is trying to pull a fast one... or slow one for that matter.
 
I'm not sure about the laws there but in my case since there were children involved ,I had to wait 60 days for my default divorce to be heard in court ,once in court ,it was over that day .But ,your lawyer has to ask for the default court date .
 
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