When a couple decides to get a divorce, they usually have a pretty good idea of what that entails. They know they will have to live apart, and they will likely have to divide their assets. But, as most people can attest, even a small fight can be enough for one partner to file for divorce. In these instances, it is not uncommon for that spouse to change their mind about getting a divorce after signing the papers.

In New York, can you simply change your mind after signing the divorce papers? Are you legally bound to follow through with the divorce? We will discuss these in this article.

What Papers Do You Sign if You are Getting a Divorce in New York?

If you are getting a divorce in New York, you may have to sign several papers. These include:

1. A Petition for Divorce

A divorce petition is filed by one spouse with the intention of ending the marriage. The petition must be filed with the court in the county where either spouse resides, and the other spouse must be served with the petition and given an opportunity to respond.

Once the divorce petition forms are filled out and signed by one spouse, the other spouse will then be served with divorce papers. After receiving these papers, they can either file an answer to the petition or sign the papers to agree to the divorce. If they do not respond within 20 days, a default judgment can be entered, and the divorce can proceed without their input.

2. A Settlement Agreement

A divorce settlement agreement, also known as a marital settlement agreement, is a legally binding document that allows couples to settle their divorce without going to trial. The agreement outlines the terms of the divorce, including property division, child custody, and spousal support. A divorce settlement agreement is typically reached through negotiation between the divorcing parties and their respective attorneys. If the parties cannot reach an agreement on their own, they may try mediation or arbitration

Once the terms of the divorce are agreed upon, the settlement agreement is signed by both parties. It is then filed with the court and becomes a court order. This means that if either party violates the terms of the agreement, they can be held in contempt of court.

3. A Divorce Decree

In the state of New York, a divorce decree is a court order that legally ends a marriage. The decree is signed by a judge and filed with the county clerk. Once the decree is finalized, both parties are free to remarry. 

A divorce decree will typically include provisions for child custody, visitation, child support, alimony, and the division of property. The court will also issue a restraining order if there is evidence of domestic violence. These terms are legally binding on both parties and can be enforced by the court if necessary.

Changing Your Mind After Filing a Petition for Divorce

It is not uncommon for people to change their minds about getting a divorce after they have already filed the paperwork. If you’re in this situation, you may be wondering what your options are.

First, you must notify your attorney that you have changed your mind and no longer wish to proceed with the divorce. Next, you must inform your spouse that you have changed your mind and work with them to confirm the withdrawal. If you and your spouse agree that you want to cancel the divorce, your attorney will help you file a stipulation of discontinuance. This document tells the court that you have agreed to dismiss the divorce action and that no further proceedings are necessary.

Changing Your Mind After Signing a Divorce Settlement

As we showed you earlier, when a couple gets divorced, they generally have to come to some sort of agreement about how to split up their assets and property. This is usually done with the help of lawyers and mediators. Once an agreement is finally reached, it is put in writing, and both parties sign it. However, there are sometimes cases where one party changes their mind after signing the agreement. 

If this happens in New York, the person may be able to get out of the agreement if they can prove that there was fraud or duress involved in the original signing. If they cannot do that, then it may prove challenging to change the terms of the agreement without the cooperation of the other spouse. As such, it is crucial to work with an experienced legal team when drafting (and before signing) a divorce settlement agreement in New York.

Changing Your Mind After the Final Divorce Decree

The divorce process is never easy, but sometimes, after the judge has signed off on the divorce decree, couples come to the realization that they made a mistake in getting a divorce. In this instance, the couple may decide to start over by simply remarrying.

Some people may also realize that the terms of their divorce settlement agreement that have been approved by the judge are not fair. If you find yourself in either of these situations, you may be wondering if it’s possible to change these terms after the final divorce decree has been issued.

The good news is that it is possible to persuade the judge to throw out the settlement and start over. This can be done under very specific circumstances, which include:

  • New Evidence: If new evidence is discovered that could have dramatically changed the outcome of the divorce, you may be able to get a judge to change his or her mind. 
  • Fraud: If your ex-spouse lied to you about an economic circumstance to gain your approval of a divorce or to get a bigger divorce settlement, you may be able to get the judge to invalidate or modify the judgment. 
  • Duress: If you signed the divorce agreement because you were being threatened or coerced, then you can ask the judge to reopen the divorce case, review your new facts, and make a new judgment. 

Gabrielle Hartley, ESQ

If done correctly, you can change your mind after signing divorce papers in New York. However, it is best to consult with Gabrielle Hartley before taking any action. By working with us, you can ensure that you are doing everything by the book and acting in accordance with the law.