If your lawyer has begun your case by the commencement of an action for divorce, rather than by a “friendly” letter to your spouse, requesting negotiations, this does not necessarily mean that you will be in front of a judge anytime soon. If, however, your spouse or your spouse’s attorney files an answer to the action and you or your spouse seek immediate financial or other relief, in all likelihood your case will be reviewed by a judge.
Some jurisdictions require the parties to submit an application for temporary relief in writing; others require the parties and their attorneys to appear for a conference. Either way, the Judges will concern themselves with very limited facts about your case.
Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. This article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, child custody, child support and orders of protection.
Retain counsel before you do anything to affect your marital status and follow the advice of the lawyer you retain, not what is written herein.
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