After the separation agreement is signed, the year completed, can modifications be made if i was forced into the terms?
To get my abusive ex to leave the house, i had to agree to terms in the separation agreement that I dont agree with or can feasibly support. I had to agree to pay him 50% of the equity in the home (although he paid nothing toward the house or mortgage) and alimony for four years and then i had to agree to joint custody. Now, the divorce papers have been sitting in the judges chambers for over 4 1/2 months with no signature. I want to know if i can get the terms changes. My attorney keeps telling me that there is nothing that I can do and now, I am essentially screwed. (New York)
I can't remember where I read it but I do remember reading that you need to be careful when signing a separation agreement because if the judge sees you are complying with the agreement there is no real reason to change anything written in the separation agreement and it usually is carried over to the divorce agreement.
Could your attorney send a divorce settlement to your husband with a new proposal in the divorce, maybe give him something else and have the alimony or the equity in the house changed? Make your husband think it was his idea, they seem to be more willing if you just guide them into an agreement rather than force it.
If you can show cause as to why you signed something you didnt agree to I would think you have a case - Can you prove he is abusive?
There is always something you can do, whether it results in what youre looking for is another story. But you CAN fight it, you just have to find an attorney willing to take on that fight...
I'm basically going through the same thing, except it hasn't gone to court yet. The settlement states I get only about 1/3 the value of the house, even though I'm entitled to half. Reason I'm going along with it is because if I don't, he threatens to problong the divorce and tells me I "can't fight his family's money", which is 100% true. I don't have the money to keep paying my lawyer, but his family has mega funds for whatever he wants.