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

Asked about 2 years ago - Miller Place, NY

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. David Alexander Browde

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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. Robert A. Stumpf

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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. Howard E. Knispel

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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. Paul Karl Siepmann

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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. Virginia Giselle Alvarez

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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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Divorce

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

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