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Divorce in NYC

New York, NY |
Filed under: Divorce

My wife initiated the divorce. Then it took her four months to sign the stipulation agreement my lawyer prepared. Am i done with her? Since she initiated the divorce can she turn around and withdraw her application thus stoling the whole thing? if yes how do i protect my self?

Attorney Answers 5


  1. If she has willingly executed the stipulation and her affidavit(s) consenting to the divorce then it would be difficult for her to challenge issues of the marriage at a later date. However, it is not unheard of for a party to reopen a case even after a settlement agreement has been executed. The best protection, as a general rule, would be to ensure that she executes the agreement under the guidance and advice of her own counsel - this way she cannot later claim that she had no idea what she was agreeing to etc.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.


  2. Your lawyer should be giving you advice on this - and it will depend upon where you are in the process.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. She can request to withdraw her consent and interpose an answer. She can also wait until after the judgment is entered and move to reopen the case. It would be best if she had a lawyer represent her, exchange financial discovery and then reach a settlement. In the later case she would face a stiff burden to overcome.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. Your wife can withdraw however, since the stipulation agreement is already signed you have all the issues decided. You could file for divorce if your wife withdraws and just use the stipulation to finish it. Speak to your attorney about what is going on.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


  5. If you lawyer has not already done it, you should counterclaim for divorce. This will prevent her from discontinuing the action because the court would just go forward and grant you the divorce instead. I agree that once she signed the stipulation it should control the terms of the divorce, but the fact that she was not represented by an attorney could give the court more leeway to throw out the stipulation.

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