Can I appeal a settlement in a divorce case?

Asked 12 months ago - 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)

  1. David Alexander Browde

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.)

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  2. Eric Edward Rothstein

    Contributor Level 20

    8

    Lawyers agree

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

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  3. David Ivan Bliven

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. www.... more
  4. Douglas Shaun Kepanis

    Contributor Level 12

    6

    Lawyers agree

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

    The Kepanis Law Firm, P.C. can be reached at (888)926-8066 during regular business hours or at douglas@kepanislaw.... more
  5. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. You shouldn't have given a get.

    Good luck.

  6. Andrew David Blum

    Pro

    Contributor Level 3

    4

    Lawyers agree

    Answered . 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.

  7. Michael Walter Meyers

    Contributor Level 4

    4

    Lawyers agree

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,298 answers this week

3,274 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,298 answers this week

3,274 attorneys answering