Question

[Fatfat14]

What is the name of your state (only U.S. law)? NY

Hi,

I guess I should first reveal some information...

I am currently filed a contested divorce and my wife where we need a court intervention on distribution over property and assets. After few months of waiting and negotiation (filing was back in September and also lawyer encourage us to settle before it got worst to a trial), we are still stuck at square one.

Now, we are at right around the stage of in between the discovery and the Compliance Conference (in two weeks supposedly). My side has already prepared the discovery and interrogation portion while we have been demanding my wife's side for their part. After many attempts of demanding the information of discovery, we still haven't received anything from the other side until her lawyer got back to us saying they would submit the information (we were about to issue a motion) two weeks ago.

Now with time approaching, we still haven't heard anything from their side and I have become worried and desperate if they purposely dragging this process (note, my wife said to me that she doesn't want to divorce and she would try anyway to delay or prevent the divorce happening). She also threatening that she would challenge the ground that I have submitted as well (I put in abandonment). I am currently stuck as she also using my name to get a loan modification program since it's a jointly owned house. (without notice and my knowledge she has defaulted few months of the mortgage and kept the money that I gave her for my portion of mortgage)

My questions are -

Is it possible that she can use every single way to delay the process? if so, what other ways she could bring it up to the table?

Can I make an dispute over this to the court on her intentional delay of process?

I see that my credit is already screwed up by her action, is this something that I can request a clarification from the court so that I can clear things out in the future?

I am sure some of you have seen an extreme situation before, however does her irrational behaviour usually in favored during a divorce case?

I always wonder the process of a divorce and it seems to be long and slow, does anyone know how long does it take in NY from start to finish (filing to trial). It has been almost 7 months and I am still at the discovery stage.

Just want to clarify that it is not a case where we have millions of dollars to fight over, it is just a house which has dropped value dramatically against the price we purchased. She has been demanding to own everything and said she contributed everything to the property but never provide any proof of it.

Thanks for everyone's help!!!

 

[mistoffolees]

Proving that she intentionally delayed the proceedings is almost impossible. She may have plenty of legitimate reasons for her actions.

If she's trying to modify a loan in your name without permission, you can ask the court to hold her in contempt. She is not allowed to do that.

I don't see anything in your post that indicates that she's irrational. Be careful about your accusations - false accusations can come back to bite you.

As for compelling action, ask your attorney. If they are ignoring the process, you can ask for default judgment or a motion to compel.

In the end, you may be wasting your time. If the home is worth less than when you bought it, the marital equity may not be worth fighting over. You may find that it's easier (and cheaper) to let her have the house IF SHE CAN GET YOUR NAME OFF THE MORTGAGE or have the house sold.

 

[Fatfat14]

Thanks, maybe I should take back the irrational one that I said, it simply just because I was offered less than 5% of the house price in buying back.

I also did offered to give up the house but it looks like she's more not wanted to get a divorce now than the matter of the house.

Thanks again.