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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My son has filed for divorce on grounds of mental cruelty.

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My son has filed for divorce on grounds of mental cruelty. Wife signed the settlement agreement including giving up her right to appear. She agreed to sign a Quit claim deed on their home to him. After signing the agreement she moved out of the home and took everything they agreed on in the settlement. His Attorney has filed the papers and the court date has been set for August 5th. She has been sending him E-mails threatening not to sign the deed unless he refinances the house and gives her all the equity. He is making the payments and she lives with her mother. My question is can she contest tne settlement she agreed to.

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Can you tell me whether she was represented by counsel?
Customer: replied 6 years ago.
No she was not . I was told she waived her right to counsel in the papers she signed with his attorney.

Unfortunately since she was not represented by counsel, she may be able to contest the settlement at any time prior to the final hearing. The courts have held that an agreement between spouses without separate representation can be contested on the grounds of undue influence due to the nature the marital relationship. Your son may want to consider waiting until after the final hearing to request that she sign the deed.
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