Q: Do I request to vacate a divorce settlement agreement by order to show cause or by plenary action? Judgement not signed
I waived maintenance but 3 months after inquest and signing the divorce settlement agreement my medical and financial circumstances have changed drastically for the worse. I have been diagnosed with a life threatening illness and cannot work. The final divorce judgement papers have not been signed yet. Do I need to start a whole new action to challenge the agreement or can I do it by Order To Show Cause since the judgement of divorce has not yet been granted? I am in NYC. Thank you.
A: I believe the agreement will be binding unless you can show you entered into it under duress or were somehow incapacitated when you signed it. If you move to "vacate" or set aside the agreement, your ex will probably file a judgment of divorce and request a signed judgment incorporating the agreement. But of course you should consult a qualified attorney to discuss this matter. I cannot provide advice in this manner. Good luck .
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