Rescinding seperation agreement papers


#1

Dear llbrant:

Greetings. It is amazingly difficult for you to go back and try to set aside a valid separation agreement. Was the agreement notarized?

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

yes the papers were notarized, I have been doing some research and it seems like the a judge might would set aside a separation agreement
if it is very one sided and unfair.I don’t know if this would matter but I was on 3 hormone meds…narcotic.antidepresants because of a recent medical condition. I truly didn’t really have time to think this thing through.The question is it worth hiring an attorney to check into it. The attorney that drew up the papers use to be both of our attorneys when we bought all of this property. I went to the attorneys office to sigh the papers and changed my mind and left ex called me back and told me he would not give me any money if i didn’t come back I needed the money to pay a deposit on a place to live.This is all just a mess but all of it is my fault.


#3

I am sorry of what you are going through I my self am going through about the same thing but my STBX is the one who is fighting the seperation agreement and there is no reason for her to do this but just because so one told that she chould.
I am no different today then I was last year at this time what a waste of money and time we have 50/50 no CS and we both agreed to this and we still do so why then fight it? Now she says that she wish she did not do this and that the attorney lied to her too.
I do not think she can beat the sep. agr. I put a posting in about this I hope you seen it and read it like I told the STBX I am not tring to take her over the coals on this just wanted everything to be fair and it was she left the house she got everything that she wanted and then some. What else is there to do we even had about child custody 50/50 so now what. She wants to talk and come up with something so that we do not have to go to court anymore we will see.
Have you talked with your STBX about this? is he willing to change it? he may but can’t hurt to try?
Good luck


#4

Hi ArthurP Are you just fighting over custody or is there property involved? I know our separation agreement was very unfair on the property issue but the custody situation was working fine until ex got back together with a ex girlfriend she want let me and him even speak to each other. I haven’t spoke directly to him in 1 year.We separated in July 2004 got a divorce Feb 2005 and he got remarried March 2005 so I don’t thi.nk there is any chance of talking to him
We left the property part held open in the divorce decree.Thanks for the info


#5

Hi llbrant
Thanks for the reply she is fighting the whole thing and there is nothing to fight over she just wants everything her way and what is funny nothing is going her way she is losing everything.
But what a shame that this had to be I have been seperated since nov of 04 and I just want to get my divorce decree so I can move with my new self and she can just move with her old self lol
Bye for now


#6

Hi arthurp just one more quik question you, mentioned mediation for the property. Was you ordered by ajudge to attend?and was it after you signed the separation agreement.It seems like if the judge sent you to mediation for the property that is kinda going against the separation agreement and if you don’t mind me asking what state is this in.Thanks for you post …


#7

Hi llbrant
I live here in NC the judge did not say this but my attorneys par-legal said this to me that we must go. The seperation agreement was made up and signed way before she even started all this mess. There is no court order from the judge on this yes I do not see why I have to go when it is all said in the agreement.
Thank you hope to here from you again
Bye for now


#8

Hey arthurp if you were not ordered by a judge to go to mediation then i don’t see how you have to.It seems like you would have to go to court and have the judge set aside the separation agreement,before you can be made to go to mediation.What is she trying to get if the agreement was fair.my case is a little different because it was very unequitable.Do you know of a good reasonable attorney in wake county? Thanks for your time


#9

Hey arthurp if you were not ordered by a judge to go to mediation then i don’t see how you have to.It seems like you would have to go to court and have the judge set aside the separation agreement,before you can be made to go to mediation.What is she trying to get if the agreement was fair.my case is a little different because it was very unequitable.Do you know of a good reasonable attorney in wake county? Thanks for your time


#10

Hi llbrant
I do believe you are right and I thought this I will find this out soon But I know I to go to mediation for child custody and that was a complete joke. She wants the whole agreement removed which we all she cannot she was told that as a woman the woman get the children (primary care) think not but she wanted things her way. She was told that that if she had primary care that she can get all these gov. grants and loans and more again think not.
Sorry I do not live in wake county but in Pender county
Thanks for all and bye for now


#11

Hi I signed seperation agreement papers less than 24 hours after. we seperated we had over $500.000.00 of assets during our marriage he gave me $7500.00 and my vehicle. He told me if i didn’t sign the papers i would not receive anything.Because I was having an affair,. even though we never had sex prior to me leaving my question is how hard id it to go back and rescind on grounds of unconscienability,??duress,coercion?I can’t even pay my bills and he has over $5000.00 a month in rental income.Not to mention I worked in his business for the last 6 yrs of our marriage and never received any income.So now i make $12.00 per hr and we have 1 child we share custody of with no child support order as of now we are still in court I don’t know if there is anything i can do now what do you think thanks