Legal Question in Family Law in New Jersey
Divorce Settlement Agreement
My divorce lawyer settled the amended JOD without my consent as he never consulted with me as to the final provisions of the agreement in spite of the fact that I instructed him to include several issues in the final divorce document which he did not.
If I can prove that is the case, can I file a motion pursuant to NJ rule 4:50 and revoke the final judment of divorce and start all over again?
3 Answers from Attorneys
Re: Divorce Settlement Agreement
You can move to revise the judgment. Ususally, the
judgment sets forth what was placed on the record
when the parties testified as their acceptance of the terms of the property settlement agreement. I do not know what was placed on the record in your case.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Divorce Settlement Agreement
I would be surprised if you can undo it, but I have been surprised before.
Sour grapes, changing your mind is not going to be a ground to change the settlement.
I have no idea whether you can succeed and will not give you any advice on this.
Re: Divorce Settlement Agreement
You should get a new attorney and file that motion ASAP! If you wait, you could have serious problems.