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Signed a Divorce Stipulation against my better judgment. Can it be undone and should I fire my attorney and get a new one?

Asked 9 months ago - Miller Place, NY

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I got not house, no kids, no money, I'm not a druggie, alcoholic, etc, I was a stay at home mom home-schooled my kids for 20 years and that was used against me. My attorney said that the courts don't look favorably upon homeschooling. I was made out to be the bad one. I was under such distress and feel taken advantage of by my attorney. The judge is currently waiting for Supporting Affadavits to finalize the decree. What can I do?

Attorney answers (6)

  1. Licensed in NY

    Pro

    Chappaqua Divorce / Separation Lawyer
    Contributor Level 20

    8

    Lawyers agree

    Answered August 29, 2012 08:01. You should immediately consult a local attorney and discuss the full situation in detail. Whether you have any options at this point is not clear.

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

    Staten Island Bankruptcy Attorney
    Contributor Level 18

    6

    Lawyers agree

    Answered August 29, 2012 07:58. I don't understand why homeschooling should be held against you, but as my colleague says, signing a divorce and trying to change it later isn't easy.

  3. Licensed in NY

    Pro

    Commack Divorce / Separation Lawyer
    Contributor Level 12

    6

    Lawyers agree

    Answered August 29, 2012 08:04. The fact that you believe you were not represented properly by your current attorney may not be enough to undo your stipulation. You would have to show that it is so one sided as to be patently unfair and that is extremely difficult to do. As far as home schooling is concerned, Judges in Suffolk County do not necessarily disfavor it but you have to demonstrate that the children received a good education, at least equivelant to what they would get in public school.

  4. Licensed in NY

    New York Personal Injury Lawyer
    Contributor Level 20

    5

    Lawyers agree

    Answered August 29, 2012 07:55. Consult with another attorney ASAP to see if you can do anything. That said, it is very hard to undo a stipulation.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  5. Licensed in NY

    Pro

    Patchogue Family Law Attorney
    Contributor Level 15

    5

    Lawyers agree

    Answered August 29, 2012 08:29. Your chances of being able to back out of the Stipulation will only decrease with time. As my colleagues have advised you, take immediate action and consult with another local attorney ASAP.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  6. Licensed in NY

    Pro

    New York Divorce / Separation Lawyer
    Contributor Level 16

    3

    Lawyers agree

    Answered August 30, 2012 06:11. If you home schooled your children for 20 years I am guessing most are above age of majority? If the stipulation was put on the record you likely were allocated. To vacate it will be extremely difficult

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

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