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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19280
Experience:  B.A.; M.B.A.; J.D.
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I have a rather messy divorce settlement situation going on

Customer Question

I have a rather messy divorce settlement situation going on in NY.I was with my ex-husband for 10 years, we had 2 kids (one died at birth). As he was fighting a divorce from a marriage in his 20s for 10 years which took up most of our relationship, we were only able to marry at the end of our relationship and very briefly. (For 9 months) The divorce we got had no financial or custodial agreements and now 5 years later I am in mediation to try and work this out.My ex is trying to get out of any spousal settlement and do only minimal child support. (He earns millions a year)(and also got out of paying a cent in his first divorce by dragging it out so long) I have just learned from the mediator (and verified by my ex's ruthless and very experienced lawyer) that they are dismayed that the divorce was ever granted in New York and questioned it's validity. Neither had ever heard of a divorce in which there had been no financial agreement being granted as the law stipulates there must be. Can I get the divorce overturned and therefore be in a better position to negotiate a fairer settlement?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

You may not be able to overturn the divorce decree, but you can file complaint for division of marital assets if the Court did not make a decision on the assets. Also, if there is a minor child of the parties, you should also seek decision from the Court regarding custody and child support.

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