Legal Question in Family Law in New York
can I contest
I have been leagally seperated for almost 2 years. my husband told me he'd like to file for divorce, there is one thing in our agreement that I find myself not happy with. can i contest that what are the chances of winning? thank you
2 Answers from Attorneys
Re: can I contest
It depends on what that thing is and how it is worded in the agreement. One thing you should be aware of is that if you do contest any issue in the agreement - it may negate the use of the agreement as grounds for divorce. If you are using such grounds, any substantial non-compliance could mean that the agreement can not be used as grounds. Be careful - have it reviewed by your lawyer.
Re: can I contest
It is difficult to answer your question without knowing what the agreement says and what you are objecting to, as well as your overall circumstances. Suggest you consult with experienced matrimonial counsel.
You should know that issus of custody, visitation, and child support are always before the court and can be modified, in the best interests of the child, based on a substantial change in circumstances.
If you wish to discuss this with me privately, please call to schedule a consultation. I practice in NYC and Long Island.
For more information, please visit my web site.