Legal Question in Family Law in New York

If I am filing for an appeal of a divorce, do I need to abide by the orders that were incorporated into the Judgment of Divorce? I have not done what was ordered by the judge because I am filing an appeal. However, the plaintiff's attorney is telling me that if I don't follow orders, I will be in contempt of court. Is that true?


Asked on 2/16/12, 5:55 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. If I am filing for an appeal of a divorce, do I need to abide by the orders that were incorporated into the Judgment of Divorce?

A. Yes, unless you have a stay of order pursuant to CPLR 5518 (stay by the appellate division) or CPLR 5519 (stay of enforcement).

Q. However, the plaintiff's attorney is telling me that if I don't follow orders, I will be in contempt of court. Is that true

A. Yes. Failing to follow an order is grounds for contempt of court.

Mike.

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Answered on 2/17/12, 5:00 am


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