In January, people seek the freeing feeling of a fresh start. Unfortunately, those attempting a new beginning in some parts of New York may have to wait a little longer than usual.
Various factors are contributing to increased lag time in Staten Island's divorce courts. Layoffs and budgetary cuts, as well as the current economic outlook are all issues which are presently affecting turnaround time for divorce cases.
The practical consequences of these delays are widespread. When divorce cases are slowed, those who wish to re-marry are forced to wait longer before beginning their new unions. Those who must wait until marital dissolution is complete to sell property are stuck until the case can move forward. The emotional toll is difficult to quantify, but certainly significant.
The current wait time for divorce judgment finalization is more than double the average time that Staten Island courts usually take. Divorce litigants can ordinarily expect to wait three to four months to finalize their judgments. The current turnaround time averages more than nine months.
This turnaround lag time is for the judgment finalization process, meaning this waiting period only begins once all divorce decree terms are agreed upon. It can take a period of months or years just to get to the point where the settlement is agreed upon. And after each party has signed on the dotted lines, another nine moths or so of waiting is now in store just to get the agreement finalized.
Perhaps most frustrating is the fact that terms of divorce agreements, which outline alimony, property division, child custody and child support, are unenforceable until judgments are finalized. This leaves all parties involved in a sense of limbo long after settlements have been agreed upon.
Many are currently pushing for New York to adopt a more streamlined system, in order to speed up the judgment finalization process. In the meantime, divorce litigants should be aware that this lag time exists and that it will likely affect their ability to re-marry and enforce the terms of their agreements.
Source: SILive.com, "Getting a divorce? Better not be in a hurry," Frank Donnelly, Jan. 22, 2012






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