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Divorce filed under Irretrivable breakdown. Initial pre-trial conference both parties signed for the same. Divorce papers were served with irretrivable breakdown and cruel treatment. Can any one part withdraw from irrertievable breakdown and want to continue the case under cruel treatment?

Attorney Answers 4


Sounds like you've already stipulated to the grounds. I highly doubt the Judge will be willing to let you contest them now. There's really no advantage anyway.

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If stipulated on grounds , then that issue is resolved. No strategic advantage to other grounds for the case.

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If you both consented to irretrievable breakdown at the P.C., then theoretically a party could still withdraw (by filing a motion), but the Court would want a very good reason why. Grounds does not affect any other issues in the case, so t wouldn't seem there would be a very good reason. That said, for a full assessment, you're encouraged to schedule a consultation with a NYC Divorce attorney.

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If you both consented on the grounds of irretrivable breakdown at the preliminary conference, there would be no reason to withdraw that consent at this point to proceed under cruel and inhuman treatment. Ever since the law changed in October 2010, litigants don't proceed under cruel and inhuman treatment because those grounds are difficult to prove depending on the facts, result in a costly trial and serve no economic or stragetical advantage.

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