Legal Question in Family Law in New Jersey
Divorce Agreement
If a divorce agreement was signed while severely depressed, under care of a psychiatrist, while taking antidepressants, can this ''agreement'' be appealed on the grounds that it was signed while under duress stress and have the agreement reviewed. What would the steps be to proceed with this request. Thank you for your assistance.
4 Answers from Attorneys
Re: Divorce Agreement
In order to show that a divorce settlement should be overturned and voided, you will have to show more than just depression. It is not impossible, but difficult. Get a VERY GOOD divorce attorney; you are in for a real fight.
If you would like me to help you, please give me a call; I am in Hackensack (northern New Jersey). My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Divorce Agreement
The question is whether you entered into the agreement voluntarily; while not mentally impaired and with full knowledge of what you were doing. You can move to nullify the agreement, but you will face a high hurdle if you have taken the witness stand in court, as part of finalizing your divorce, and stated, under oath, that you entered into the agreement while not mentally impaired; voluntarily and with a full and complete understanding of the contents of the property settlement agreement.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Divorce Agreement
I agree with Mr. Moore, this type of motion is possible, but very difficult. I would sit down with an attorney before doing anything else.
Re: Divorce Agreement
Were you represented by counsel?
Did you stand before a judge in court and state that you agreed to the terms of the divorce?
Did the court ask whether you were under the influence of drugs or alcohol when you read and signed the agreement?
If the answers are yes then you may have a problem trying to prove that it was not signed voluntarily.
Patricia Martin-Gibbons
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