Seperation agreement that was signed under distres


#1

I am in the same situation also. My spouse is under heavy prescription drugs and has been for the last six years. I have been the main caregiver. But things have escalated to a point that I could no longer take the abuse because of his disability. I also signed a seperation agreement trying to protect myself from the many financal and humulating events that have taken place. Now the one thing that is on my spouses mind is to get me out of our home.
I am very close to retirement and my location would not allow me to stay my area without maintaing my home because if high rent.
So I am fighting with everything Ive got.


#2

A separation agreement only needs to be in writing, signed and notarized to be valid. Filing with the court is not necessary to make a separation agreement valid. If you can prove that you were under duress at the time of signing, then a court might set it aside. However, usually you must prove threat of physical harm.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#3

I was wondering if any one might be able to help me. If a seperation agreement is signed and notorized but not filed with the court does it still hold the same?..Or does it matter if the document was signed in distress or forced upon someone to be signed without any legal advice prior?