Legal Question in Family Law in New York

If a divorce is granted but a stipulation of the divorce is incorporated but not merged into the judgment of the divorce, is the divorce legal? Stipulation was filed incorrectly by an attorney who was disbarred due to his "fraudulent conduct".


Asked on 3/04/13, 4:00 am

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

A divorce is legal as long as a judgment of divorce is entered. If a copy of the stipulation of settlement was filed with the county clerk's office then it is filed correctly. Even if the attorney was disbarred this should not negate the judgment of divorce. However, if the stipulation was prepared incorrectly that is a different matter altogether.

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Answered on 3/04/13, 9:28 am


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