Renegotiate Divorce Agreement

[LNG]

What is the name of your state? New Jersey
Divorced last December. I was very depressed and my x even called my doctor and told my doctor, she thought I was suicidal.
I agreed to a one sided agreement. Now I feel my x and her lawyer took advantage of my mental state at that time. Can I go back to court and ask that the agreement be thrown out and one based on state law be granted.

 

[ellencee]

What kinds of things do you believe were done that are not within the law?
There may be some things that you can modify in another action, but with the limited information you provided, it's really hard to understand exactly what you are asking.
I've answered to 'bump' your question to the forefront and give you the opportunity to be more specific about any legal irregularities.

 

[LNG]

Dear ellencee,

I feel that because I was having the emotional problems that lead my x to even call my doctor, my x and lawyer should have bought up my problem with my lawyer or in court. By not sharing this information, I feel they with held pertinent information which should have been known by my lawyer and the court. The reason for witholding it was to take advantage of my emotional problems for financial gain.

Now, I would like to know that because they did not make the court aware of my problem, can I ask the court to throw out the original agreement and install one based on NJ state law.

Thank you,

 

[stealth2]

Why should your ex be responsible for letting your lawyer know about your problems? Why didn't *you* make your lawyer and the judge aware of them?

 

[ellencee]

I'm sorry, but to the best of my knowledge, you have no recourse as neither your ex nor her attorney had any duty to you. If you were not in a physical or mental condition that allowed you to make decisions, your attorney should have represented your interest to the court.

 

[LNG]

Conflict of Interest

At the same time my attorney was working on the divorce, he also was talking to mywife and worked on her refinance of our house.

Could this be scene as conflct of interest and allow me asked the court to throw out the current agreement.

 

[stephenk]

Are you sure "your" attorney was really your ex's attorney who dealt with you regarding her side of the case? Did you retain this attorney? And again, why didnt you tell "your" attorney about your mental problems?

 

[LNG]

Reply

My wife and I had separate lawyers for the divorce. But at the same time my attorney was working on the divorce for me, he and my then wife, discussed, prior to the divorce, and then started to work on her re-finance of our/her house.

As for why I didn't say anything about my depression and mental problems, I was so depressed, I really didn't care about anything. Perhap I should have mentioned it, but at that time, I didn't care about anything.

Even inadvertently, I feel the action between my wife and attorney, caused my attorney to not give me unbiased assistance and advise.

Now that I see things a bit clearer, I had let my emotions, and not my head accept suggestions and make decisions.

Thank you,

LNG

 

[stephenk]

you may have enough to get the divorce orders modified. The bigger question is how unfair is the agreement and is the cost (money and time) to modify the agreement worth it?

 

[LNG]

Is It Worth It?

Thank you for your response.

Financially it may worth it, if she fights it, we both will lose something. However, her pension could make it worth while for me to try. Also I took only a fraction ,20% I estimate, of what things, including the house and cars , were worth.

Based on what I understand, I'm sure my x should not have spoken to my attorney at least until after the divorce, if even then.

When I feel I was taken advantaged of, it seems worth going for.

Presently, after 30 years of marriage and hard work, I have almost nothing. I lived in Spain most of the past year. I just came back to get back into education and build a new life.

Is it possible my x and her attorney may negotiate rather than try to fight my challenge? Should I speak to my divorce lawyer about this matter first? What steps should I take?

Thanks again,