Legal Question in Family Law in Georgia

Reversing Divorce Contract

I have been divorced almost a year now. I was married 28 years and had 5 children to this man. He had an affair and after 2 years of trying to stay with him, a result of the last arguement left me beat up and filing for divorce. During the separation I (after 11 months) finally gave in to him and let him have all his pension and I kept the house. I was very fearful of him and just wanted it over with. Now that time has went by and I realize how insane I was to do that,and also after being a stay at home mom for years and years, I feel that it is very unfair to not get half of his pension. Two children still live at home with me. My question is: Under my circumstances with the duress and stress that followed my beating, even tho I signed a contract against my lawyers wishes, can it be took back to court and reversed? I am having to work after staying home and raising our children so he could travel (how he met her and had affair for 3 years before I found out), and I do n ot know if I will ever work long enough to be able to retire and take care of myself. Has this ever happened where the divorce contract was ever reversed so the wife could get her rightful share? Thank you for any help.


Asked on 7/25/03, 10:42 am

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Reversing Divorce Contract

Normally, not likely. If property issues are resolved by mutual settlement, it is tough to get the court to change it. But if you could show your consent was coerced through terror, you may have a chance.

Feel free to send me more details at [email protected]

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Answered on 7/25/03, 10:47 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Reversing Divorce Contract

You should consult with a local attorney because all of the facts of the situation need to be investigated. I don't want to give you false hope, but it may be possible to have the agreement set aside if a strong enough case can be made that you were intimidated into signing it.

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Answered on 7/25/03, 5:51 pm


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