Can my separation papers be overturnedifIsigned them under duress?

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Can my separation papers be overturnedifIsigned them under duress?

My wife bullied me into signing her separation papers by making threats and causing several fights in front of my 3 children. I was not at all in agreement with this but we couldn’t take anymore of her threats and making my kids upset on a regular basis. She has left my 3 kids and I here in NC and she has moved back to NY. She had a job here in NC as a nurse and I have been the primary care giver to my kids since moving here to NC in20 07. My kids and I don’t want to leave NC to move back to NY but her papers say that once they are done with school in June that they are to move to NY.

Asked on February 26, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, if you sign any papers under duress then you have the right to have them set aside by the courts.  But one would really need to see the paperwork here.  Who prepared it?  An Attorney on her behalf?  Did you seek legal counsel at all?  I think that you really need to go and see an attorney in this matter as soon as you can.  You are going to have to fight this.  You may not have to move to New York if North Carolina is yours and the children's home, but you have not given much information about al of the circumstancesin order to give any guidance.  Get legal help here.  Good luck.


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