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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?

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?

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Filed under: Divorce
Attorney answers 6

Posted

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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

Posted

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.

Posted

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 could be considered attorney advertising.

Posted

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.

Posted

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 relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

Posted

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 based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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