I responded to twentyfive’s post as our situations pre-separation and post were very similar.
I am in need of advice and perhaps representation. I am really not sure if the lawyer who helped me handle the separation agreement has the experience and wherewithal that my case requires moving forward. At the hearing for summary judgement regarding the separation agreement that I was forced to sign, none of the pertinent information was heard: regarding my impaired mental and physical state (physician records); the domestic abuse I suffered mentally and physically at his hands (I have recordings and pictures). Even after the judgement, I gained proof that my husband lied about me in his deposition.
There must be some way to maneuver an adjustment to the hundreds of thousands of dollars the separation agreement imposes upon me. I have already lost two years with my kids because he snuck in a clause about custody, allowing him to be primary. I gain what time I can with them, but he even uses that against me. Also, not to sound like a country song, but he even took my dog!
The only way I can see now is to sue him for breach of contract in the case where my son went to the emergency room and I was not informed, as well as the case of him stalking me (as well as persistent calls, texts and emails) for months after signing the separation agreement which had fairly comprehensive wording regarding non molestation. Further, I have pictures of him creeping outside of my house at night, I have a police report where he trespassed on a date’s property and subsequently got into a physical altercation with him, he even stalked me by drone many times when I first moved into my new home. There’s a police report where a neighbor, who was not aware of my situation, was troubled by the Drone being so close to his house at night. I still feel as if he is watching me, stalking me. It seems to be an ever-present anxiety of mine.
You should consider filing for a domestic violence protective order, a custody lawsuit (assuming the custody terms are in the separation agreement and not a court order), breach of contract, and criminal charges for stalking.
A custody lawsuit would eventually result in a custody order in which you may be able to gain more custodial time. Custody terms in a separation agreement are only modifiable by agreement and they are not fully binding on a court, which is why you can still bring a custody (and child support) lawsuit.
If a judge has already determined that the separation agreement is valid, then there is nothing more you can do to rescind the separation agreement other than appeal the judge’s decision within 30 days of the entry of his/her judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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