Legal Question in Family Law in New York
reopening a case
In a divorce case, if you have already signed and agreed to the terms of the divorce, can you go and open up the case and get certains conditions changed?? For example, if you are ordered to give your spouse half of your pension and you signed the order--unknowingly because you trusted your attorney---can you go back into court to have that changed?
Thank you for your time
2 Answers from Attorneys
Re: reopening a case
If your only claim is as you stated, it will be very difficult to reopen the agreement against your ex. Your attorney represents you and your ex and their attorney has a right to rely on the representations of your attorney as coming with your authority.
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Re: reopening a case
If this has already gone before the court and been 'so ordered'. then it is unlikely to be overturned.