QUESTION
What can be done if my brother was blackmailed into signing do it yourself divorce papers?
Asked on Mar 06th, 2013 on Divorce - Illinois
More details to this question:
My brother was told by his wife to meet him at a bank to sign do it yourself divorce papers because she wants the divorce right away. She told him that she was being fair with the divorce settlement (which she is not), that she was going to give him a certain amount from her 401k and if he DID NOT sign them then she would not give it to him. Not only is she not being fair with that she is not fair on the holiday visitation rights. She wrote down on what she wants and did not discuss it with him. Like she and the guy she is living with wants the children every Christmas. She wants to claim taxes for the children every year when fairly it should be every other year. Am I wrong thinking that this is unjust? Does my brother have to stand in front of a judge and commit perjury that he signed the paper without being blackmailed? If he said that he was blackmailed what would the judge do to her or him?
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First of all, you have not said how he was blackmailed. If she just told him it was her way or the highway, that is not blackmail. Your brother could have gotten an attorney but chose not to. And he will not have to stand in front of a judge. The papers will be filed and the judge will grant the divorce without a hearing.
Answered on Mar 07th, 2013 at 11:54 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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He was not blackmailed - just intimidated due to his ignorance of the law. He needs to consult an attorney to determine whether he has any legal basis to challenge what he signed.
Answered on Mar 07th, 2013 at 10:58 PM
John Arthur Smitten
You have to file a motion to set aside the agreement asap.
Answered on Mar 07th, 2013 at 9:27 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can tell the judge he didn't understand what he was signing and was being forced to sign it. He should get an attorney.
Answered on Mar 07th, 2013 at 8:49 PM
Dennis P. Mikko
Your brother should contact an attorney who can assist him through this matter. If a default has been entered, he will first have to move to set aside the default. His basis for doing so would be the actions taken by his wife in convincing him not to contest the divorce. Once the default is lifted, he can file an answer and proceed to have the court determine the outcome. Most likely, the court will order the matter to mediation. Again, your brother should seek the assistance of an attorney.
Answered on Mar 07th, 2013 at 8:43 PM
Get him to a lawyer. He is entitled to one-half of all assets acquired during the marriage. don't let him sign anything without some help.
Answered on Mar 07th, 2013 at 8:38 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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He needs to make a motion to vacate the judgment ASAP and he can explain his position in his supporting papers. He will probably need the assistance of an attorney to do this.
Answered on Mar 07th, 2013 at 8:38 PM
If he does not agree but has already signed the paperwork, he needs to go to court on the prove-up date and tell the judge that he does not agree with the agreement. He also needs to hire an attorney to protect his rights.
Answered on Mar 07th, 2013 at 8:33 PM