The fashion designer's request for an emergency order to file for divorce from husband Olivier Sarkozy has been denied by a New York State Supreme Court judge

By Ashley Boucher
May 14, 2020 07:07 PM
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Mary-Kate Olsen, Olivier Sarkozy
| Credit: James Devaney/WireImage

Mary-Kate Olsen's request for an emergency order to file for divorce from husband Olivier Sarkozy has been denied because the matter has been deemed "not essential."

Olsen, 33, requested the emergency order because courts are closed in New York during the novel coronavirus (COVID-19), but her request was denied by a New York State Supreme Court judge on Thursday.

New York courts spokesman Lucian Chalfen tells PEOPLE that Olsen's original filing — which PEOPLE previously reported was first signed back in April — was rejected by Manhattan Supreme Court Justice Michael Katz because the "essential matter procedure" was not followed.

"We are only accepting essential/emergency matters for filing," Chalfen says. "The original filing was rejected by the New York County Clerk because they did not follow the essential matter procedure."

"They refiled under the essential matter procedure and the matter was referred to the ex parte judge a New York State Supreme Judge," Chalfen tells PEOPLE of Olsen's denied request, which was first reported by Page Six. "He decided that it is not essential so they can’t file anything at this point."

Mary-Kate Olsen, Olivier Sarkozy
| Credit: Monica Schipper/Getty

The Elizabeth & James designer and twin sister of Ashley Olsen reportedly first signed a petition to divorce the French banker, 50, on April 17, PEOPLE previously reported, and submitted the emergency petition on Wednesday.

Olsen said that her attorneys received an email from Sarkozy's lawyers stating that she needed to move out of the couple's N.Y.C. apartment by May 18. The fashion mogul asked that the deadline be extended to the end of the month because stay-at-home mandates in the city prevent her from being able to gather her things by Monday, according to previous TMZ reports.

Olsen claimed that Sarkozy didn't respond to her request and that he terminated their lease without her knowing.

Mary-Kate Olsen, Olivier Sarkozy
| Credit: Amy Graves/WireImage

The documents obtained by TMZ also reportedly said the divorce petition would "trigger an automatic court order preventing him from disposing of her property."

Olsen and Sarkozy, who first began dating in 2012 and got engaged in early 2014, tied the knot in November 2015, and have kept their relationship relatively private ever since.

Earlier on Thursday, a source told PEOPLE that Sarkozy wanted Olsen to be more "available" in their marriage.

"She's super career focused and he's very French and wanted her to be more available," the source said. "You can't control a girl who has been on the billionaire track since her 20s."