Legal Question in Family Law in New York
post judgment vacature action
Ok, I was the plaintiff's attorney for an uncontested divorce. I obtained her divorce judgment in Dec. 2005. My client and the defendant, who appearred pro se, finally agreed to a settlement. I notarized the settlement and filed all the appropriate papers in Suffolk County. I get a call today from the defendant's new attorney saying they want to modify/vacate the judgement. The new attorney is saying that the settlement is unreasonable...and that it wasn't notarized. It was, by me. I did'nt think that divorce judgments and settlements could be vacated.
1 Answer from Attorneys
Re: post judgment vacature action
It's quite rare for a divorce judgment to be vacated, less rare for a settlement to be reopened. But it can happen.
As to the divorce, a reasonably well supported allegation of fraud might suffice. As to the settlement, an appellant will almost certainly get a hearing with a well pleaded allegation of undue influence and/or overreaching.
Whether that hearing will result in vacating either the divorce or the settlement is another matter. Presumably you've retrieved copies from the County Clerk as well as from your files.
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