Divorce Agreement

[GADad]

What is the name of your state? Georgia

I filed under a year ago for divorce from my now x wife on grounds of drug addiction. She had went into rehab several months prior (one time of many) however she'd attempted suicide. I gave her a final chance to clean up but she went back to the drugs. So I filed.

From the time I busted her to our signing the agreement it was about 6 days time. During this time we hashed out who gets what, house, cars, 401k, stocks, cash, etc...
We agreed on custody of our 2 children as well.
Now she has taken action to change custody and null the agreement, saying she was not of the mental and emotional state at the time of it's signing nor was legally represented.

Can this or will it likely be overturned? After all the agreement stated she had the opportunity to seek counsel. Additionally I gave her additional money to use for either a lawyer if she wanted to contest it before the 30 day waiting period was up, or to additionally help her with getting her new life started. She chose the latter.

If this can be overturned then my thoughts are that I have another agreement we signed about 5 years prior before we had our children, she pretty much agreed to the same division (i.e. I kept the house) and then too she didn't seek legal counsel. so my thoughts are: 1. If the last contract is deemed null in part or full then this contract preceeds and takes effect 2. This shows that she consistently didn't seek counsel

Any thoughts? Thanks in advance for your help

 

[djohnson]

She still can ask for custody and ask for anything she wants. The fact that you both of those can be used as evidence in your defense. By her stating her own problems and not understanding what she was signing may hurt her. She shows instability and drug abuse and the judge will see that.