Legal Question in Family Law in New York

Can one appeal the judgment?

Hello,

My mother has recently gone through divorce and she has accepted the award of N sum... The problem is, my mother is not a native English speaking woman, she was also very upset during the day when she had to sign the final papers in the courtroom, and it turned out that she had signed something that she does not actually agree to. The final judgment was signed on June 14 of this year, a little over a month ago, and she only yesterday received it. She wants to know if there is a way to appeal this judgment, whether it is a really costly process, and what are the odds of winning, based on the fact taht she did not understand, there was no interpreter, and that less than $40,000 (for a ten-year marriage to a bad person, to put it mildly) is not sufficient for a 54 year old woman who makes about $20,000 a year and has to support herself in New York. It's not even enough for a downpayment for her to get her own living quarters (she has to rent now, and the money is going very fast). I really hope that you will be able to answer my question!

Thank you!


Asked on 7/15/04, 6:15 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can one appeal the judgment?

You need to contact your mother's lawyer on her behalf. Schedule an appointment immediately with both you and your mother attending. Explain your mother's concerns to her attorney and ask him or her what can be done immediately to correct an unfair divorce resolution that your mother did not understand.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

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Answered on 7/15/04, 7:24 pm
Peter J. Kelley Peter J. Kelley & Associates

Re: Can one appeal the judgment?

From the brief description you wrote, it appears that your mother is probably out of luck. She has the right to appeal the judgment, but this process is VERY expensive and seldom successful. I suspect that if you obtain the transcript of the final court hearing, you will see that the judge asked your mother very clearly if she understood the agreement, if she was being pressured to agree, if she was free in her acceptance of it, and if she felt her attorney represented her properly. Nevertheless, we would be happy to sit down with you and discuss your mother's options at this time. The first half-hour is free. Call (212) 387-7787.

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Answered on 7/19/04, 5:06 pm


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