Legal Question in Family Law in New York

I have been going through a very difficult divorce for the past five years. Under pressure from my flat fee attorney who just wanted "to get this over with asap" because "I'm working for free here" , and after telling me that "this judge is a loose cannon and favors the man, you won't get anything from her", I felt intimidated into signing a settlement agreement waiving my rights to maintenance. This agreement was "incorporated but not merged" which my attorney stated was standard. I had been married for 17 years and although I did not work at an "official" job, I did work all those years by physically completely renovating- by myself- and managing a two family house that we rented out while also raising children. My ex husband managed all the rental income and also had a very good job in the computer field. I am now 56 and can no longer do that type of work. My ex husband, aged 47, continues to make a very good salary. Unfortunately, we were ordered to sell this rental property, as my ex husband has accumulated extreme debt, unbeknownst to me, that had to be paid off. There was barely anything left, all those years of my hard work was for nothing. We had the inquest, but the divorce has not yet been entered by the county clerk so it has not been made official yet. Three months later, I now have become disabled with a heart condition, and cannot look for a job. My only income is a small amount of child support, my expenses have tripled due to my illness and surgery, and I have another surgery coming up. I am about to file for public assistance. Do I have a chance for maintenance if I file an order to show cause before the county clerk enters the judgement? My attorney told me I should do it without him, which I agree with!


Asked on 4/15/17, 4:04 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

No attorney with any experience and expertise in this area could answer your question without sitting down with you and looking over the entire financial make up of the marriage. I can't imagine you hired this flat fee attorney not understanding that he/she was an anomaly. No one who is a serious family practitioner does flat rates for contested divorces. I'm sorry to hear you're going through this difficulty, but unfortunately the adage "you get what you pay for" is true in this case as in most others

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Answered on 4/15/17, 5:05 pm


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