Legal Question in Family Law in New York
Judge vacates divorce stipulation
During a hearing for contempt and a downward modfication for a pende lete order it was agreed by all parties including the judge that I wanted to drop the divorce proceedings, my wife strongly agreed too. The judge stated he would make his decision on the hearing for the above mentioned (contempt and modification) forthwith. Two months later he calls councils in to tell them he can not make a decision on this due to the fact the divorce was dropped by all parties. He then asked my atty. to vacate the stipulation so that he can proceed to do so. My atty. explained that my wife is not without recourse she can seek help with the family court. Obviously we said no, he said he would then vacate this stipulation himself and order the trial to go on which he did a month later (we received a notice via mail). We did tell him that we would appeal this decision. My question is can this judge make us continue to go to trial when it is clear that we both do not want a divorce. He states it was the intentions that he would make a money decision after this hearing but now he can not without a divorce case pending.I think I should have a good case in the court of appeals??
1 Answer from Attorneys
Re: Judge vacates divorce stipulation
I don't mean to dismiss your question, but the history you gave me was so "fact-specific" that for me to even venture whether you would win on appeal would be foolhardy. Your attorney could give you the best advice on that. Guessing what an appeals court would do is difficult enough when we know all the facts and history of a case, much less when a mere outline is given! If you think your lawyer is incompetent, get another one if possible. But he/she would be the best person to give you this kind of advice. Good luck.
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