OK, it's not easy to void a separation agreement once it's been signed and witnessed.
Who wrote the separation agreement - his attorney or someone else?
Did you have an attorney review the separation agreement?
Then you have a couple of basises for which to ask the court to void the separation agreement.
1) Duress - the threat he wouldn't make the house payment where you resided
2) Undue influence -that he coerced you into signing the agreement
3) unconscionable separation agreement - that the agreement is swayed in his favor and in violation of your legal rights
4) That you didn't know your legal rights and his attorney prepared such in misinformed you of matters.
5) your medical condition at the time - that you didn't have the mental capacity to contrat or know what you were doing (in addition to all the other arguments - this is very compounding)
Yes, I very much think the court would void the separation with no problem.
Then, once voided, you will have your opportunity to negotiate a better separation agreement.
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Is there an Attorney in MT Pleasant SC that will help me get my Separation Agreement
voided for less than 300.00 per hour ?
Yes, certainly you can. What usually happens here is that you ask the other side (opposing counsel) if they will consent to a continuance. If they will consent then inform the judge's secretary and hopefully they will just reschedule the matter.
However, if the opposing counsel won't agree to the continuance - then you will have to draft a motion requesting the continuance so that the judge can make a ruling on the matter.
Yes, just get out some of the old motions from the case and use them as a template.
Then just state that this is a Motion For Continuance and state why you need a continuance, and what caused you to need the continuance.
It's really simple - it has to be a compelling reason for the judge to grant a continuance if the hearing is in just a couple of days - usually the judge likes these motions weeks in advance.
Then if you don't have something to use as a draft - I'm not sure you will be able to do it. I can't draft it for you - we aren't allowed to do such.
We go to Court Nov 6 for the Divorce hearing,can I contest the Divorce and if so,
what will happen next ?
Yes, but you stated you wanted to set aside the agreement.
Realize that divorce and equitable distribution are two separate matters. That one can be divorced but equitable distribution is to take place down the road. This happens all the time. For example - one wants to marry another - then the court will order the divorce but save equitable distribution for a later time.
Getiing the Separation agreement set aside may be diffficult.
My Husband typed the letter saying that he would no longer pay the house payment
on his work computer.Then he sent e-mails say that if I didn't tell the Judge
that I agreed to everything that he would take away stock options and the 401K
But he had a key made to my house using a key that my son had and while I was out of town came into my home took the letter,and deleted the e-mails.
He forgot to delete one e-mail that said "Tell the Jusdge you agreed or let the games begin" So how can I prove I was cohersed?
That's what I went through earlier - what you could argue to get the separation agreement set aside - all the arguments you could use at a minimum.
This is again confirmation that he used duress to get you to agree to the separation agreement. As such, the separation agreement should be voided by the court.
Good luck!!
In South Carolina,when you go for your divorce hearing,do you have to have a witness
testify that you and your spouse have not lived together for a year?
You might if he disputes the matter and doesn't want the divorce. However, if he also wants the divorce he will agree with you.
But,Does the Court demand that you must have someone testify that you have
not lived together for a year