Legal Question in Family Law in New York
Seperation agreement not signed after court hearing.
Seperation agreement not signed after court hearing. Case dismissed ''without prejudice'' since wife did not show up. Neither party acted upon pending agreement stipulated to in court. (I was to pay weekly payments until age 65, and she was to sign over deed to home.) Both had second thoughts. Under ''laches'' when does the agreement expire since neither proceeded with enforcement.
1 Answer from Attorneys
Re: Seperation agreement not signed after court hearing.
SINCE IT DOES NOT APPEAR THAT YOU HAVE AN AGREEMENT, EITHER WRITTEN, VERBAL OR BY YOUR ACTIONS, LACHES NOR OTHER "LEGAL" CONTRACT TERMS APPLY, TO THE SUPPORT AND PROPERTY MATTERS REFERENCED.
IT ALSO APPEARS THAT YOU ARE STILL MARRIED; AND WITHOUT THE ABILITY TO "CONVERT" YOUR NEGOTIATED SEPARATION AGREEMENT OR STIPULATION INTO A DIVORCE JUDGMENT.
YOU SHOULD BE AWARE THAT YOUR LEGAL SPOUSE IS AND WILL BE ENTITLED TO TAKE OVER OR BEFORE ANY OTHER/S, ANY ASSETS OR ESTATE YOU MAY HAVE, NOTHWITHSTANDING YOUR INTENTIONS OR THE ALMOST AGREEMENT YOU HAD WITH YOUR SPOUSE.
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