A New York court ruled that a divorcing wife’s involvement in an arbitration hearing was valid reason to hold her to the binding decision, as reported by the New York Law Journal in a July 6th, 2012 article.
The divorcing husband originally petitioned the Court claiming that their divorce must go through arbitration and mediation as arranged by the couple’s agreement. The wife protested the agreement stating that she entered into that only through coercion. However she agreed to go through arbitration for review of temporary spousal support.
Upon the completion of the arbitration the divorcing wife petitioned the court for their review stating that the arbitration was not binding. The court ruled against her saying that her active participation in the arbitration showed the court that she was willing to except the results of the review and waived her right to be reheard by the court on the issue. Specifically, the court found that there was no reason for them to review the matter since it was a valid arbitration that both parties attended.
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