Reopening divorce case after 7 years?

Asked 12 months ago - Liverpool, NY

I received responses from attys here and I thank you. Question of concern seems to be 'Why' it took so long? Simple reason...wasn't aware til recently when I was shredding old documents, friend stopped by-nosy-started reading some of the documents and made the comment ... "this is BS!' - referring just to the bold-faced lies in my atty's letter to me. I didn't know they were lies...why would I not believe my atty? Not having been through this before, I had no reason to doubt anything he said to be anything but factual. NOW...I checked his statements against fact and I was lied to and misled so as to sign the opting out agreement as I told him had this situation not been as it is (according to him and confirmed by ex's atty to him) I would have taken trial. NOTE: atty is now deceased.

Attorney answers (4)

  1. Susan Jo Civic

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . Settlement (opting out) agreements are extremely difficult to overturn. The passge of 7 years makes it even harder. I would also caution you to not be so quick to act on the advice of well-meaning friends or relatives as they often don't understand all of the facts of your particular case. Every case is unique and your attorney is (or in your case was) the best person to advise you as to what to do. If you are having second thoughts, you can speak to another attorney to review your case and maybe put your mind at ease that your decision to sign the agreement was best for you at that time.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No attorney will be able to advise you specifically as to your chances of reopening an agreement or judgment without reviewing and without reviewing the transcripts of hearings.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Edwin Drantivy

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . I agree with my colleague. An informed legal opinion would have to be based on a review of the complete case file.

  4. Morghan L Richardson

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . It is hard to know from the facts as you present them, but the caselaw makes it difficult to overturn such agreements the longer you wait - the passing of seven years means you have lived under these terms for seven years and is a heavy factor against you. Really, you should consult some attorneys to see if there are other factors that may outweigh the passage of time.

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