Legal Question in Family Law in New York

I change my mind I don't want to give him a divorce

My husband has filed for a divorce (constructive abandonment) Feb 2007. May 2008 he and I both agreed to the divorce and signed a court stipulation as to the grounds for divorce (constructive abandonment). The Judge ask that both attorneys to file the divorce in Nov 2008 so that I can have extended medical coverage. The judge also stated that we are still married until the divoce is filed and we still have to wait until she signed off on it.The past three months my husband have not been complying to the court stipulation as he promised. I would like to rescind my agreement. I no longer want to give him his divorce since he refuse to keep his agreement. Is it possible for the courts to honor my change of mind/heart before November 2008 ? Can I do that?


Asked on 8/14/08, 5:09 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: I change my mind I don't want to give him a divorce

I see this problem all the time. You are in a grey zone. While your future ex violates the agreement you cannot enforce the agreement because the judgment is still pending. You are neither here nor there.

What you should do is allow the judgment to be entered and then immediately file a motion against your future ex-husband for contempt or to enforce the judgment.

Mike.

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Answered on 8/14/08, 5:26 pm


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