I will just just file the final papers. For reference.
For 100% clarity, I did file -- four months ago. I did so on the advice of my lawyer, who advised me to file in order to stop the accrual of assets as of that date. However there is a statute in NYS where you have to serve after four months, or withdraw and refile, which would then reset the date as of the new filing.
So this isn't about filing so much as it's about serving.
So what is the question? If the goal was to freeze the accrual of assets, and not serving would reset that date (presumably to a refile date of today or later) why would you not have her served?
The serving is going to happen. I'm full of very strong ambivalent feelings about it, but that ship has sailed.
I'm mostly just processing how I'm feeling about it, and wondering if it is the right thing to do to give her heads up about it, or not.
