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15 Jul 16

Can I ask for an extension to prepare my response?

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What is a divorce extension

A divorce extension is a request to the court, to grant more time – before the divorce is finalized. It’s typically done in situations where the two parties are attempting to reconcile or attempting to finalize a settlement. It’s simply more time, before the divorce is finalized.

Can you file for an extension

The NYC court system is very busy with cases. They like to keep things moving on their timelines. Court are often very understanding, and very generous, when it comes to letting people looking for an extension for a final divorce hearing. If the court observes that the 2 parties are attempting to settle their differences, the court is more amicable. It understands they need time, and is willing to grant that time – when it observes good faith attempts at settlement by both parties. Courts are even more generous, in granting extensions, to parties who are attempting to reconcile. If you want to extend the time available, before the divorce is granted, you are allowed to ask the court if it will grant it.

In order to get an extension, you need to do the following

  1. Ask your spouse, or her/his attorney, if they will agree to the extension. The court is much more likely to grant the extension if both parties are requesting it, and in agreement that the extension would be helpful. It will interpret this, as a good sign.
  2. Your attorney, or you, will get a form for a motion for continuance. Your local court will typically have one online.
  3. Complete the form, and then state the reason for requesting the continuance. It’s crucial you do this before the divorce is granted. Otherwise, it may be too late. Once a divorce is granted, it typically cannot be undone.
  4. After the Motion for Continuance is filed with the Clerk of the Court. Server a copy of this, on your spouse, or her attorney. The judge in your case will decide whether to grant the request. The judge may hold a hearing. If so, you should attend the hearing, and tell the judge, why you need the extension.

If you need more help, we encourage you to speak to our divorce attorneys in NYC today.

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