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NYFamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 578
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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Trying to finalize a divorcri recieved the judmwnt papers 3

Customer Question

Trying to finalize a divorcri recieved the judmwnt papers 3 days ago her layer just called me back and i expressed that several thinhs written in judment i dont agee with. She just emailed me back and srated if i dont agree with the documentation she will use the default that i agreed to an i get nothing. Can they do rhis
Submitted: 6 months ago.
Category: Legal
Expert:  NYFamilyAttorney replied 6 months ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written hundreds of legal articles. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms. Oh, at the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you.
Expert:  NYFamilyAttorney replied 6 months ago.
A divroce judgment/agreement is a contract. You can't be forced to sign a contract. That is not allowed. Please explain what you mean by the default that you agreed to. I need to know what that's about.
Customer: replied 6 months ago.
What do i need to do
Expert:  NYFamilyAttorney replied 6 months ago.
I want to help you but first, what did you agree to? What does she mean by the default?
Expert:  NYFamilyAttorney replied 6 months ago.
Did you sign anything agreeing to be held in default?
Expert:  NYFamilyAttorney replied 6 months ago.
Of course you would be better off with a lawyer representing you. If you can't afford a lawyer, then this is what you need to know: they can't just force you into signing an agreement. That is called DURESS. That's not allowed and it may make the agreement unenforceable. You have to be allowed to have a give and take and you're allowed to dispute some things in the agreement. If you don't sign, you will go to court for a trial unless you already had one -- you don't say whether you had a trial yet or not.
Expert:  NYFamilyAttorney replied 6 months ago.
Here's the thing though. If the divorce papers are for a judgment after trial or after an agreement, then you have to be objecting based on reasonable grounds. What are your objections? Maybe the objections are not valid, maybe they are, but I need to know what you're objecting to and what stage this is at. Did you have a trial or do you have an agreement?
Customer: replied 6 months ago.
Sorry for delay i wrote a default with agreement letter but its not notorized or signed so basically she's telling me so that will agree to the contract that they came up with that I'm defaulting As a result her lawyer said i will nothing if i dont do what rhey say. And basically they're saying she owes me $10,000 and she want to transfer it from her retirement fund into a retirement fund that I don't even have one I just want the cash you have to put in a retirement fund ?
Expert:  NYFamilyAttorney replied 6 months ago.
Thanks so much for that information. I thought I wasn't getting a response, which wouldn't help you and it wouldn't help me, so I answered other questions. I'm really glad you came back to answer the question and I really appreciate it. Thanks! I don't know your entire situation and I can only get a small idea of what's going on from what you're telling me. Here's what happens though -- as I indicated previously, you cannot be forced to sign something you don't agree to. If you don't have a retirement fund, obviously you can't have money go into your "retirement fund" that you do not have.I strongly suggest that you get a family lawyer to review this with you. Since you may need that attorney only for review of papers, hopefully the legal fees won't be too bad. You should call family lawyers in your area and ask for a FREE consultation. Some of them will really give you a free consultation. Don't sign a retainer with a lawyer unless you are comfortable with the lawyer, otherwise don't sign anything. This is almost like blackmail and it comes pretty close to it. Some people would call it blackmail. You can't be forced to sign something you disagree with. If you are unrepresented, I suggest that you get an attorney just for review of the papers. That will help you a lot. If you are looking for a way to get what you want, you will probably need legal help.Does that answer your question?
Expert:  NYFamilyAttorney replied 6 months ago.
I will leave this answer for you here and presume that you will come back at some point to review it. I'll tell you now so you know this, that I am finished with my session tonight so I will be signing off until late tomorrow morning. If you need additional information, feel free to ask me here.I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

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