Legal Question in Family Law in New York
Divorce Appeal after stipulation signed under duress
I signed a stipulation per my attorney even though I was unaware of it's importance. I am disabled due to extreme depression and unable to concentrate under normal circumstances. Due to my condition, when The Judge asked if I understood what I was signing, I answered yes. I felt my attorney failed to give me proper guidance at the time. My lawyer charged me an addition sum of money to obtain my medical records and my husbands business records. He has a catering business. Because the medical records were not noterized and he waited to the evening prior to the court date, my sposes attorney refused for them to be enter as part of the case. Can I appeal the stipulation.?
1 Answer from Attorneys
Re: Divorce Appeal after stipulation signed under duress
If you are within 30 days of the final judgment
you can appeal anything
Will you succeed is an entirely different matter
Unless you have a doctor who says you were not
capable of understanding the seriousness of
the matters, you aren't going to be successful
If you have such a doctor's report, then you
may have a right to set aside the stipulation
Because you did not actually go to trial, your
claim of lack of preparedness will also go nowhere
because there is no actual record of the court
not reviewing such documents in considering a decision
Especially since it did not render a decision
but you stipulated.
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