Legal Question in Family Law in New York
Reopen a divorce through supreme court?
My x is very unstable mentally. We had a stipulation agreement. There were some things I didnt like as well, but I wanted to just do it and be done. She is very unhappy. She is trying to reopen the case. She wants to rehash the whole thing. I dont want to, and it is really in her best interest not to, since so much was swept under the rug, as far as her cruelty, agressive behaviour and abuse of the kids. Kids are with me, and she is trying to make me out to be unfit in attempt to change everything. Meanwhile, she is in contempt of court in all aspects of the orders with regard to marital property dispersal, support etc. How hard will it be to reopen a case from june 2004 and should I worry?
2 Answers from Attorneys
Re: Reopen a divorce through supreme court?
Generally, in New York a separation agreement that is fair on its face will not be set aside unless the party seeking to set it aside shows that there was fraud, duress, overreaching or that the agreement is unconscionable. So, if your separation agreement is fair on its face, your ex will not be able to have it set aside unless she proves that there was fraud, duress, overreaching or that the agreement is unconscionable.
The courts do not like to set aside separation agreements because they want to encourage parties to settle their differences on their own.
The courts review is exercised circumspectly and with a view to encourage parties to settle their own differences in connection with the negotiation of property settlement provisions.
Usually, the question the Courts ask is whether equity will be served in enforcing or rescinding such an agreement. They look to whether the parties were represented by counsel or if they parties expressly acknowledged that they were informed of their right to retain their own counsel.
If you would like to discuss this or any other legal matter, feel free to call my office to schedule an appointment at 516 237-7737.
Rachel Yosevitz
Re: Reopen a divorce through supreme court?
It's fairly common for some divorced people, (even normally "stable" ones) to attempt to rehash and rehash their marriage and divorce experiences, to the pain and dismay of all the parties and the Courts --- for Years---. So,... There's not much use in worrrying about something over which you don't have control.
Your EX (if she can afford the legal fees) may very well be able to get an attorney to return certain aspects of your divorce to the Court Calendar, for consideration.
However, that does not mean much will be changed from your recent Stip. Since, it's unlikely, your EX has made substanial changes and improvements in her lifestyle; and those things that encouraged" her to agree to you having custody, and the Stip, still exist.
Good luck,
Phroska L. McAlister,ESQ
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