Appellate Division reversal
Sep 02, 2016OUTCOME: reversed and remanded for a hearing on the issues of duress and unconscionability.
The wife signed a Property Settlement Agreement without the benefit of counsel in which she waived alimony and equitable distribution of many marital assets. She suffered from depression at the time ... and medication addiction. She was persuaded by her spouse she need not seek legal representation. Subsequent to the divorce she realized the consequences of her waiver and requested my office attempt to vacate the agreement and re-open the divorce action. After the trial judge denied the request, an appeal was filed. The appellate court reversed the decision and remanded the case for discovery and a plenary hearing on the application to open the final judgment of divorce.
