The fashion designer's petition for an emergency Summons and Complaint for divorce from Olivier Sarkozy was deemed "not essential" on Thursday

By Ashley Boucher
May 14, 2020 10:18 PM
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Mary-Kate Olsen cited fears of being forced out of her New York City apartment by her husband Olivier Sarkozy in an emergency affidavit, which sought the court to grant her application for divorce "an essential matter." However, Olsen's request was denied on Thursday.

Olsen, 33, filed the emergency affidavit in New York on Wednesday because applications for divorce are not currently being granted due to the novel coronavirus (COVID-19) pandemic — unless deemed "essential" by a judge.

The fashion designer and twin sister of Ashley Olsen asked the court to deem her application for a Summons and Complaint for divorce "essential" because Sarkozy terminated their apartment lease without her knowledge, and she is at risk of losing her personal property, she said in the affidavit.

Mary-Kate Olsen, Olivier Sarkozy
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"This application is an emergency because my husband expects me to move out of our home on Monday, May 18, 2020, in the middle of New York City being on pause due to COVID-19," Olsen said, according to a copy of the affidavit obtained by PEOPLE.

"I am petrified that my husband is trying to deprive me of the home that we have lived in and if he is successful, I will not only lose my home but I risk losing my personal property as well," Olsen said, adding that she is "gravely concerned that my husband will dissipate, dispose of and/or secret not only my separate property belongings but also our marital property belongings that are in the Gramercy Apartment."

Mary-Kate Olsen, Olivier Sarkozy
James Devaney/WireImage

"My husband is trying to force me out of our home by his failure to renew the lease on the Gramercy Apartment which he terminated without my consent," Olsen claimed in the affidavit.

"This is impossible given the COVID-19 pandemic," Olsen said of Sarkozy's request she vacate the apartment by Monday. "It is also impossible for me to find a new apartment on such short notice."

New York courts spokesman Lucian Chalfen told PEOPLE on Thursday that a New York Supreme Judge "decided that it is not essential so they can’t file anything at this point."

Mary-Kate Olsen, Olivier Sarkozy
James Devaney/GC Images

Olsen first signed a Summons and Complaint for divorce from Sarkozy on April 17 and submitted her emergency affidavit on Wednesday. But after the "not essential" ruling Thursday, it seems, as of now, that the former actress will have to wait to file for divorce until the courts reopen.

Olsen and Sarkozy tied the knot in 2015 after about three years of dating. They were last photographed in public together a year ago in Madrid at the International Global Champions Tour.

Sarkozy wanted the career-focused Olsen to be "more available," a source told PEOPLE earlier on Thursday, adding, "You can't control a girl who has been on the billionaire track since her 20s."