Motion to Set Aside Separation Agreement

After finding out about online relationships I had, my husband immediately sought a separation agreement. His lawyer produced it within four days, and my husband demanded my signature once he received it. The day of the proposed signing, I had a debilitating panic attack which resulted in my fainting and getting a concussion. I was given Ativan for the panic attacks, but instead of taking me to the hospital to be examined, my husband took me to have the agreement signed. I also have ADHD (clinically tested) and was not on medication for my condition.

He had said several times during the week that he would tell his family, our children (to the point that he would demand supervised visitation), and every one we know that I had set of online affairs. I have several recordings of these threats. I had been abused mentally and physically by him for years. My state of mind was such that he had control over me.

I found out after the divorce that he had hidden upwards of $40,000 to 50,000 for each year including the year of separation and the following two years. (He has a wealthy family.) During the divorce proceedings none of this mitigating information was supplied to the Judge who ruled in favor of my husband in a Summary Judgement of the Separation Agreement. I asked my lawyer to present the extortion and fraud, but he did not. In the records presented to the court for review, my lawyer including nothing about the fraud, extortion, abuse, or my ADHD and anxiety/depression symptoms.

I am now divorced as of last Monday. I have researched that I can have this judgement set aside in cases of fraud and ineffective counsel. I am desperate for help because at this point, I could lose over $700,000. I need help and am hoping that your firm can consult with me on the case.

It is possible that you can have the separation agreement rescinded for fraud, duress, undue influence, or even lack of disclosure of the financial assets.

Absolute divorce will prevent you in most circumstances from seeking an equitable distribution of the marital property as that right is barred upon the entry of the absolute divorce judgment. However, you may or may not be able to prevail on an equitable distribution claim based on your husband’s wrongful conduct.

Anna Ayscue

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

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