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I wanted some modifications to my settlement agreement. My

I wanted some modifications to...
I wanted some modifications to my settlement agreement.

My name is XXXXX XXXXX home and my ex-husband has two years to refinance the home, then my name will be taken off the title of the home.

My issue I have 60 days to vaccate the home which will be in the middle of the winter and I have a young child (our child). The home has two separate appartments. What Can I do

My second issue, I waived inadvertently (was frozen in court - was only positive in my response) alimony forever. What Can I do for this?

I got a message from my attorney stated the following: There is nothing for you to sign. The agreement is approved already. And you agreed under oath. What can I do?
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Answered in 15 minutes by:
10/1/2012
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,555
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
How long ago was the settlement agreed upon in court? Were you represented by counsel? Did you have the opportunity to review the agreement?
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Customer reply replied 5 years ago


It was last week. Yes I was represented by a counsel. I did not have any opportunity to review the agreeement.

You are going to have to seek to now get your attorney to vacate the agreement based on it being unconscionable at the time it was entered based on the actual needs you had and you will have to show how that based on the financial disclosures in the divorce that the settlement was not an equitable distribution of the marital property. This is much harder to do where you had an attorney, since it was their job to explain this agreement to you prior to it being entered by the court and this means you will have to get another attorney in most cases I am afraid to prove that your attorney was negligent in allowing you to agree to this type of settlement agreement against your best interests. Make no mistake, because you had an attorney, it will be very difficult to get this agreement vacated now and the only chance is to show that based on the evidence your attorney had, no reasonable attorney would allow you to agree to such a settlement against your best interests. The court will only vacate the agreement if you can prove that the agreement is unconscionable and that your attorney was negligent in allowing such an agreement to be entered against your best interests.

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Customer reply replied 5 years ago


Thank you Mr. Paul,


 


One more information: I am a victim of domestic violence and my attorney knew it. what my attorney agrees to do did not happen the day of the negotiation. I was insisting for a trial and he was proposing me to settle. The other party attorney is his friend. My child attorney did tell both attorney if my ex-husband goes to trial it will be very damaging to him. I had a head injury in 2009 (sometime wonder if this is not playing a role in my ways (do not want to hurt anyone). Can this be consider as it it the true?

Yes, your head injury and domestic violence could be a factor if you can prove by medical testimony that your decision making ability is impaired. Additionally, your attorney not following your wishes is grounds for you to get another attorney and seeking to get this overturned based on his negligence and you need to do this as soon as possible, since the longer you wait the harder it will be to vacate the settlement.
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Customer reply replied 5 years ago


do work in maryland? can i hire you?

I am afraid that the site rules forbid us from representing anyone from this site or from making personal referrals. I do apologize. To find a local attorney, you can use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,555
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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