kc82711
recently joined
Reged: 09/27/11
Posts: 2
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Hi Everyone. I'm new to this forum and due to my situation I was wondering if anyone has any thoughts or experience in reopening a divorce case in NJ. My divorce was one of those packets one can purchase to do everything pro se. The divorce was super-quick and over in 3 months. I was told by the ex that the only way he would give me a divorce was to sign the agreement he devised which included giving EVERYTHING up that I had rights to...the equity in the house, pension, custodial rights to my son, alimony; you name it. He said if I wanted to leave the marriage I was to leave with what I came into it with - nothing. We both were unhappy but the push was that he was cheating and during the marriage eventually allowed me no friends or family and so after 16 years I had no choice but to leave. I recently went bankrupt and scraping by while he has remarried, paid off the house (after a month of me signing it over) remodeled it and pretty much is living like a king. His income was much higher than mine. My son chose the easy path of being spoiled so he's now living with his new family because he didn't want to abide by my rules of working and going to school. I have retained a lawyer who assures me that this divorce case can be revisited and is going to try to settle out of court first but I'm wondering what anyone's thoughts are on the outcome. I certainly don't have thousands of $ to put out but I feel this was an extreme case of control, no split of assets and do to my low finances, no guidance from an attorney to help me at the time. I wanted out so bad I didn't think about anything else. I would truly welcome any input anyone may have for support and insight. Thanks so much.
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Renny
addict
Reged: 09/24/11
Posts: 479
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I'm not familiar with NJ law, but in general only the provisions dealing with cs and alimony can be modified. If there was fraud, coercion or duress, you can file a motion to set aside the agreement, following general principles of contract law. You hint that he paid off the house with funds you were not aware of. If the agreement you signed calls for full disclosure of assets and he hid something from you, you may have grounds for fraud. Based on the facts you give here though, I don't think it will be easy to set the agreement aside.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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To add, custody has already been set by status quo. Is there a child support order in place? It goes to 21 in NJ.
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kc82711
recently joined
Reged: 09/27/11
Posts: 2
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Thanks so much for your input. My son is 18 and in the national guard so the child support will not be an issue. There definitely was coercion and fraud involved with getting the divorce done quickly and privately so his reputation would not be affected. I know it will not be easy but I'm going to file an appeal to reopen due to these factors and my lawyer feels that if enough pressure is put on him in light of all of the topics mentioned that hopefully he and his lawyer will find it wise to settle out of court. Will keep the forum updated for anyone who may be in this type of situation in the future.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Note that there is nothing to appeal. The judge signed off on an uncontested divorce agreed to by the parties. Your claim of coercion and duress won't stand up. No one put a gun to your head. The accusations of fraud in a motion to set aside the decree mostvof the time amounts to a nuisance suit. The oher side will pay something to avoid the expense of litigation. But watch out. If he has the means, he can claim malicious prosecution or at least attorney fees and put you on the ropes. All in all, you are a big girl and signed. You got what you wanted -- the divorce.
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Eve
member
Reged: 11/28/05
Posts: 112
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Kc82711..........Can you update us on what, if anything, happened with your case? If what you said is true...your lawyer is right...and I don't believe you wanted the divorce....you needed one to survive. You never know what will happen in court.....and in your case you have absolutely nothing to lose, except the lawyer fees....and you should have asked that he pay at least half. I hope you pursued this!
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