Contesting a divorce settlement

What are the chances of a divorce settlement being overturned?

The situation is one in which the husband and wife agreed upon and signed a settlement agreement. The wife had an attorney, but she later fired her attorney because she didn’t see the need in having an attorney because:

  1. She and the husband were in agreement on the divorce terms.
  2. She felt that having a second attorney was a waste of money.

The husband hired an attorney to draft the agreement based on what the wife and husband had agreed upon.

Six months later, the wife tells the husband she feels she should have gotten more.

Is there anyway the wife can re-open the case for re-litigation?

Unless Wife can prove that she was forced or coerced into sign the settlement or signed the settlement in duress or under undue influence or Wife can prove that the settlement was unconscionable, Wife will be unsuccessful in having the settlement set aside.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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