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Can I appeal a settlement in a divorce case?

New York, NY |

Can I appeal a settlement in a divorce case? I agreed to give her the "'Get" only because the judge told my lawyer that if I will not he will have me arrested. Can I appeal a higher court based on the fact that I was forced to give the "Get"?

Attorney Answers 7

Posted

You can't appeal a settlement. You can make a motion to re-open or set aside a settlement... but the circumstances would have to be very unusual (which a threat to have you arrested would be - if it can be proved.)

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Posted

I find it hard to believe a judge made that threat. Unless you heard it yourself I'd be suspicious.

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Asker

Posted

My lawyer told me that the judge told him that if I will not sign the settlement where I require to provide my spouse with the "get", he will issue a court order requiring me to provide her with the "Get" and if I will not do so I will be found in contempt of a court order and end up in jail. I had no choice but signing it. Now I want to modify the settlement.

Posted

No. You shouldn't have given a get.

Good luck.

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Asker

Posted

I did not signed the get yet. I signed the settlement where I agreed to remove all barriers. I want to either vacate or set a side. Would it still be possible? Thank you

Posted

In short, no - you can only file a motion to vacate the settlement. For a full assessment, schedule a consultation with a NYC Divorce attorney.

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Posted

Judges do threaten litigants and/or their attorneys - seek help from a qualified NY divorce attorney.

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Posted

No, you can't appeal a settlement. On the other hand, if you meet certain criteria (such as fraud, duress, overreaching or if the Agreement is unconscionable) you may be able to set aside and vacate the settlement. This is, however, difficult to do. Moreover, unless there is a record of the judge's threat it is unlikely that another court will give credence to this argument. Frankly, your issue may be with your attorney.

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Posted

As a general rule, you must have been "grieved" in order to file an appeal. Here, you consented to the settlement. As a consequence, you are not "grieved."

However, that does not slam the door on your options. As many of my collegues have posted, you may be able to set aside the Stipulation. In the event you wish to proceed with setting aside the Stipulation, it will be your burden to prove the basis of the claim (i.e. fraud, duress, unconscionability, etc). Good luck.

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