I was threatened by opposing counsel and need help


#1

My divorce has suddenly gone south. Legally separated June 14th 2017, I was going to file for divorce June 15, 2018. Ive been subjected to extreme circumstances out of my control.

I will state the issues as they have occurred. The last court date was Feb 1 and I know I need to hire immediate counsel.

I was ordered to pay husband half the money in our account. I did so that day, gave check to my attorney. My attorney held the check against my will- told him repeatedly to give husband the check. He didnt. It got me put in contempt, unwillful of course. My attorney recused himself. In one of his motions about my husbands violations, he stated I didnt want to hand over the check because my husband would abscond, like he has done with $ 200,000 in other assets. He stated in his motion that I ordered him to hold the check. Totally false !

Had to claim indigent , got criminal appointed attorney for the contempt charge. Then found out there were two other contempt charges. Opposing counsel twice asked me to produce things he knows I dont have, because my husband has them, like keys to a vehicle and ski pants !

I get to court and opposing counsel has prepared a settlement agreement. I was in total shock and did not have any time to get counsel. Been calling everyone over two weeks and couldn’t find counsel. The opposing attorney and the criminal court appointed attorney took me into a side room. Understand first that my husband has many violations against the dvo and failure on court orders to comply with the court, over and over.

My husband and his girl friend are in another state, filing false charges against me the past 7 months so when I go to court for my divorce, Ive been arrested 4 times. They have me living in constant fear.

My husbands attorney, in a court side room, told me if I dropped all charges in the entire divorce, he would drop the contempt charges against me. I agreed to that. Then he said I would have to drop my dvpo in exchange for a sec 65.

Then he said we had to do reciprocal quit claims on two pieces of real estate, and he used the tax values, then used inflated figures of a small portion of assets in my possession, while my husband of course took next to nothing he claims, when he secreted away about $ 200,000 worth, after he did a lock out - locked me out of both houses.

He had me exchanging our free and clear property that recently appraised for 675,000 for another property that might appraise for 30,000 because its an old gutted shack.

I protested and he became angry and yelled at me and said if I didnt sign it, he was going to have me arrested and thrown in jail . I was without counsel for my divorce and was forced to sign it out of fear of what they’ve been doing to me, arresting me over and over when I have been in complete compliance and have not done anything wrong ! They also told me that I would be forced to move out and must do so by June 15.

I ran out of the court room and threw up. I came back and from that point, I was having a major panic attack and almost blacked out. I was shaking and I dont even remember what I agreed to after that point.

Ive contacted two attorneys in my area. One says the decision can not be over turned but the values of the real estate in the court memo leave a wide area of interpretation. Im waiting to hear back from the other attorney.

I have the court documents on my computer if anyone here wishes to review them for me.

I know its not final because the order states it must go to a judge withing 30 days for finalization.
Ive been researching this all day, and I found these two things. I think the first, the link below, is very important.

http://www.ncbusinesslitigationreport.com/uploads/file/Judge Hobgood Enforcement.pdf

I also found this :

Marital Settlement Agreements
If you signed a marital settlement agreement that you’re no longer comfortable with, you may have a limited window of time in which to retract your agreement. This depends on the legal procedures in your particular state. Generally, when you sign a marital settlement agreement, your lawyer will then forward it to the court for incorporation into a divorce decree. Until a judge signs the decree, you may be able to change your mind. If an attorney represented you in your divorce negotiations, tell him immediately that you don’t want to go forward with the agreement. If you did not use an attorney, notify the court as soon as possible that you’ve changed your mind.
Judgments or Decrees
After a judge has signed a divorce judgment or decree incorporating the terms of your signed marital settlement agreement, it may not be possible for you to rescind the agreement. You cannot appeal a decree that you reached by agreement with your spouse. You can only appeal a judge’s ruling if your divorce went to trial. If you want to rescind your marital settlement agreement after the court has signed it into a decree, you would have to file a motion with the court, asking to have your divorce case reopened. Courts will generally only do this under certain circumstances. You can’t just say you changed your mind. You would usually have to prove that your spouse acted fraudulently in your settlement negotiations, such as by lying or concealing assets. You might also have a case if you could prove that your spouse threatened or coerced you into signing the marital settlement agreement.


#2

You can file a lawsuit to rescind any contracts/agreements that you signed that are not court orders if you allege that you signed them under duress, undue influence, fraud, etc. Otherwise, you would not be able to rescind a consent court order especially if you said in open court on the record that you were signing voluntarily and on your own free will.


Anna Ayscue

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

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