Legal Question in Family Law in New York
I had no attorney
My NY divorce became final in 10/06
My ex had an atty, but because he cleaned out our bank account I could not afford one. I did get free legal advice, but never hired him.
My ex's atty was aware of this.
Several problems have ensued since my divorce, ex is not sharing in payment of children's excess medical bills, & he did not inform me of my COBRA payments and I almost lost coverage.
I was told that my divorce agreement can be challenged on the fact that we used 1 atty. Is this true?
2 Answers from Attorneys
Re: I had no attorney
A judgent may be vacated and the divorce revisited. HOwever, if you were not able to retain an attorney then you will certainly need one now. It may not be worth it to reopen the divorce if there is no property issues. The judgment may have given Family Court concurrent jurisdiction and thus you may be able to go there for relief.
Re: I had no attorney
It is possible to set it aside but it is not easy. Get to a lawyer, then look into whether it is worth it to overturn it. Get that lawyer to get you ex to do the things he needs to do, and if that doesn't work go after him. He can be made to pay your legal fees, the attorney you both used should have warned you of that.
Good Luck.