Question:
It turns out the “mediator” my ex-wife and I had draw up our divorce agreement was really her divorce attorney, and I was the victim of fraud.
Both my ex and her attorney lied to me about his role, the divorce laws, and what I was agreeing to in the paperwork. Now my ex is only letting me see my children a couple times a week for only a few hours.
Do I have to wait a minimum amount of time before I can have my divorce modified or can I go after my ex-wife and her attorney’s deceptive practices on the basis of fraud?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.
It sounds like you need to speak to a family law attorney right away to review the terms of the separation agreement, determine if the drafting attorney misrepresented his role, and advise what can be done about enforcing or revising the terms of the agreement, particularly as it relates to custody.
If in fact the attorney misrepresented himself and was hired by your ex-wife to represent her, then the agreement can be found to be void, depending on the circumstances and the language of the agreement. There may be recourse against the attorney if it is determined that he misrepresented himself. I can only speak to matrimonial law, though; for information regarding recourse you would need to speak to an attorney who practices in Professional Malpractice.
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If the agreement you entered has a specific custody schedule and she is breaching that agreement you will be able to seek enforcement from the courts. If the agreement is only general and now your wife is not allowing you any reasonable access, you can always seek a modification of the agreement based upon a “significant change of circumstance.”
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Asa Neff, contact Cordell & Cordell.
