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I signed my divorce settlement agreement under duress. My ...

 

Customer Question

I signed my divorce settlement agreement under duress. My lawyer did not review separate items in package which had been changed. i went home, reviewed package and discovered I had been misrepresented. I have not yet signed the disolution of marriage document. Is there any way I can appeal what I signed, to go back to the negotiating table with both lawyers??? This happened at our last meeting before trail date was to be set.

 

Optional Information:
Kingston, New York

Already Tried:
I have told my lawyer I am very unhappy and what happened was not fair. I have asked if I can appeal in any way & he will not answer me. Our whole divorce is being held up & I am about bankrupt.

Submitted: 2229 days and 16 hours ago.
Category: Legal
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  rvlaw replied2229 days and 14 hours ago.

Hi,

Don't sign a thing. If you were under duress, be prepared to prove it in some way by either the acts of others...your ex, your attorney, etc. AND/OR your documentable fragile mental and emotional state AND/OR your inability to understand the import of the specific material portions of the agreement AND/OR your attorney did not adequately explain them. If your attorney won't return your calls, send him a letter certified mail RRR regular mail terminating him. Then send a letter to your spouse and his attorney telling them you fired your lawyer; that you signed the prior agreement under duress; that you consider it unfair and null and void;that you are NOT signing the final papers and that if they want the divorce finalized, they should be prepared to start from scratch.

Regroup. Be firm. You can do this!

XXXXX XXXXXcata

Expert TypeLawyer (JD)
Category: Legal
Pos. Feedback: 98.2 %
Accepts: 4450
Answered: 4/13/2007

Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.

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