Legal Question in Family Law in New York
Post-matrimonial action: How to begin?
My judgment of divorce (NY) incorporated a mediated settlement agreement. There was a property settlement and ‘equitable distribution’ amount which I needed for support. Immediately after divorce was granted ex filed Chapter 7 Bankruptcy (CT) to discharge the equitable distribution . I filed an adversary proceeding. After 11 months I’m still awaiting trial. Through discovery I learned (amongst other things) that ex hired his bankruptcy lawyer ‘before’ the divorce was filed. I want to bring action in NY for fraud, and to seek maintenance which I believe I can prove was unconscionable in it’s absence, and damages caused by my reliance on ex’s coercion and fraudulent statements in performing my part of the agreement. Should I bring action under the original divorce case to seek modification or a civil action for fraud and breach of contract?
2 Answers from Attorneys
Re: Post-matrimonial action: How to begin?
This is a difficult situation. I am sorry you have been treated so dishonestly.
You can initiate a separate action for fraud or ask for a modification on the original order. But the best procedural remedy may be to make a motion to set aside the matrimonial court's order and require a new order of divorce which would deal with the problem of CH7.
My experience with Bankruptcy causes me to be surprised that your opposition is taking so long.
What documents did you file with the court? Which district did you file in?
I do extensive work in both matrimonial law and in federal bankruptcy law.
You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.
Re: Post-matrimonial action: How to begin?
Neither. You should bring a de novo action to vacate and set aside the Stipulation of Settlement.
The fact that you are posting here is a concern. Please do not attempt this pro se. Suggest you consult with an experienced matrimonial attorney.
FYI - I practice in NYC and Long Island.
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