I was unprepared, stressed out and have no lawyer. I feel I got the shaft and want to undo it. What can I legally do. Is there a form/s I can file with the clerk's office to amend the agreement? If so, how long do I have to take such action?
2007-02-27 14:24:17 · 7 answers · asked by msv2kool4u 1 in Family & Relationships ➔ Marriage & Divorce
You are going to have to get a lawyer now. The only way to overturn a final divorce judgment is to be able to make a legal case for fraud/surprise/etc. Unfortunately "unprepared, stressed out" is not a legal reason to have an otherwise valid judgment overturned. You need to have someone review the judgment, and the process leading up to the judgment to see if you have any legal leg to stand on. You other option is to seek to modify the judgment in a while. Usually property distributions are final but things like alimony and support, custody, etc can usually be modified in a few years. The other possibility is an appeal. If this was a judgment by a judge after a hearing and you are unhappy with his ruling - you can appeal to the next court. You usually have 30 days. If this was, however, a consent judgment that you agreed to - you cannot appeal.
Good luck.
2007-02-27 20:21:29 · answer #1 · answered by CV 3 · 0⤊ 0⤋
You will have to look at the divorce papers. Once you sign them everything is pretty much set in stone. Being unprepared, and stressed out is no excuse for not knowing what you were signing and whether you could have afforded a lawyer or not you could have gotten legal aid or gotten a lawyer and had it stipulated in the papers that your ex would pay for both lawyers as well as court costs.
2007-02-27 14:28:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
have to hire a lawyer to contest the agreement on stress grounsds. No new lawyer, your day in court and agreement stands as you agreed.
2007-02-27 14:28:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't know what you can do legally, but the first thing you need to do is get a lawyer RIGHT NOW. Pro se is no way to go in divorce proceedings.
2007-02-27 14:27:23 · answer #4 · answered by Aimee L 4 · 1⤊ 0⤋
go to court and check or call a lawyer
2007-02-27 14:29:03 · answer #5 · answered by sweetgranny06 7 · 0⤊ 0⤋
GET A LAWYER
2007-02-27 14:27:21 · answer #6 · answered by iseemen 5 · 0⤊ 0⤋
you'll have to go to court again, once it is signed you cant just change it
2007-02-27 14:27:16 · answer #7 · answered by whateverbabe 6 · 0⤊ 0⤋