Legal Question in Family Law in New York

Divorce

My wife and I were legally divorced in NY state in April. NY is an at fault divorce state only, I claimed cruel and unusual punishment because living with her was. I started a relationship after I moved out and we ended up having a baby. My ex found out about it and is now harassing us, I am also paying alimony and she sent me a threatening email saying if I don't deposit the money in a joint account (that I closed) she has grounds and will take me back to court. So my first question is, can she do that? Can she question the legality of the divorce, the simple fact of the matter is that I wanted out. I was never happy with her whether or not I met someone else and fell in love. She is claiming defamation of character, along with the legality. Also the terms of our divorce only states that I have to pay her every month before the first of the month, not where the money goes. What should my course of action be? I want her to leave me and my new family alone.


Asked on 10/18/07, 8:36 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Divorce

If you have a final judgment of divorce issued by the court, and if proper notice of entry was served, the time to appeal expired 30 days after the notice of entry was served.

Your correct course of action is simply to comply with the terms of your settlement agreement. However, if she brings a frivolous action, unfortunately, you'll have to defend against it.

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Answered on 10/18/07, 9:12 am


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