My wide lied and railroaded me in our divorce settlement and i was homeless at the time, so signed it.

Asked over 3 years ago - Los Angeles, CA

Unaware I was signing an agreement that said I had abused her and her child so it was a restraining order as well. We went to court and the judge said there was no evidence for a restraining order. And threw it all out. No I got a notice from her attorney that he sent a "Request for Default" to a Judge. How do I renegotiate our marriage agreement legally? She literally has screwed me out of a lot. Not because I was ignorant to the laws or what was mine, but because I trusted her. What can I do to start this over with full disclosure of all of our assets?

Attorney answers (3)

  1. Dayn Anthony Holstrom


    Contributor Level 10

    Answered . You should file a Motion to Set Aside the Default if it has in fact been entered by the Court. If there was in fact fraud (which there are not enough facts to determine there was at this point), that can be used in the facts as well. These motions are extremely time sensitive so you should contact a local lawyer to determine if the Statute of Limitations has passed.

  2. Donald Frederick Conviser

    Contributor Level 19

    Answered . Don't trust a divorcing spouse. Waste no time before interviewing and retain an experienced Family Law Attorney to seek to set aside your default, file your Response in the divorce, and give you guidance and representation.

  3. Robert Daniel Kelly


    Contributor Level 20

    Answered . You need a good lawyer to discuss the particulars of your situation with you. It is important to read documents carefully before signing them.
    Best wishes.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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