Legal Question in Family Law in New York

divorce

My friend has changed her mind about getting a divorce. She and her husband went to court already. papers are signed but they have not yet been filed. Can she recind her decision at this time. Is it too late?


Asked on 8/14/08, 4:28 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: divorce

If both parties agree to not divorce, it is not too late to rescind the decision and discontinue the action.

If just wife wants to rescind, she cannot just change her mind. She needs to demonstrate a reason why her execution of the agreement is not valid (ie. fraud, undue influence, incapacity to sign, etc.).

Mike.

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Answered on 8/14/08, 4:35 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: divorce

I think more details are needed before this question can be answered. Who is the plaintiff? Do both parties agree to the discontinuance? Specifically what papers were signed? What was/was not filed already? In what stage is the case?

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Answered on 8/14/08, 5:31 pm


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