Can a divorce judgment be overturned after both parties and a district judge signed it and it had already been recorded?

Asked almost 5 years ago - Raleigh, NC

On the court day of our child custody hearing, my attorney convinced me to sign the divorce settlement which addressed all aspects of my divorce instead of a court hearing. A few days earlier I signed a preliminary divorce judgment. On court day, my attorney did not give me a chance to read the judgment that he put before me, but he convinced me that I was signing the same one that I had read, agreed to and signed earlier. He put me under tremendous pressure to quickly sign by lying to me and concealing information. Then I swore before the judge that I had read and agreed to the judgment that I signed that day; then it was recorded. It was not until I finally received a copy of the judgment that I saw my attorney made multiple changes without my knowledge or permission-all to my hurt!

Attorney answers (1)

  1. Lloyd T. Kelso


    Contributor Level 14

    Answered . You should immediately address these issues with your attorney. If he or she fails to discuss it with you, you should seek other legal counsel to determine your rights. If you feel your attorney has engaged in misconduct, you may conduct the N.C. State Bar. You might also consult with a legal malpractice attorney about suing for legal malpractice or other actions you might have.

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