[raechelhart]

I am a cancer survivor since 2003. We are from CA but I was diagnosed in FL and stayed there with the kids in FL to get treated for my cancer as my mom is there and my sister generously took a 4 month leave of absence to take care of us. The ex reluctantly agreed to this but hit me with a divorce 2 days after my last radiation treatment. The divorce proceedings continued over the course of five years. The first three I was too sick to address a divorce so nothing much happened and the last two the ex spent months grinding me down, coersing me to take zero for three businesses worth about $1 million we started during the marriage and zero for our $800,000 share of a commercial property. Over 15 months my attorney never could meet with his attorney to even discuss a proper settlement agreement. Finally at the end of 2007 in November I ran out of savings. My attorney said he could not represent "our deal" in court because it was too inequitable. When I informed the ex he went insane. He said he would take the kids away from me and back to CA, stop paying me the monthly support (not yet court ordered), and fight me with costly valuations, experts, abandonment of property claims and I wouldn't even wind up with the $930k he was offering to settle a $3.5 million estate. He demanded I fire my attorney and just the sign the deal "we made". While all this was going on it appeared that my cancer may be back. Not wanting to die over money,I fired my attorney late Nov. 2007 and went to the doctor the first week of Dec. 2007. They were very concerned the cancer may have returned and scheduled me for three medical procedures under anesthesia for Dec 18, 21, and 26th. The ex decided to visit right before my first procedure. When he was leaving on the morning of my procedure on Dec. 18 he said I better sign the deal now or he would start action to get custody of the children, stop paying support until he was ordered and spend as much as it took to prove I had no value claim in the assets. Our k-1 income over the five years totalled $600k which I had no access to and his attorney convinced him I also had no claim to. I was facing possible death (if the cancer returns I only have a 6% chance to survival) and going under anesthesia in less than 2 hours (Which I always fear I may not wake up) and I figured if I die during the procedure at least my kids and my relatives may get a portion of my estate given a finalized divorce rather than him just getting it all because I was dead. So I folded like an envelope and signed the document on Dec 18 and left for my procedure. I did not die and my illness was due to the radiation damage caused by my cancer treatments. I knew I was coerced and bullied into the settlement and I would not have cared that much but when it came to paying me out my chisled settlement he said he only owed me about $225k rather than the $630k I was expecting (He had paid $300k in 2006 for the purchase of my house for the kids and I in NJ, Yes we now live in NJ with his blessing). His attorney changed the numbers I saw the last time I reviewed the agreement and trusted the ex when he said nothing had changed so I never read the actual agreement I signed on Dec 18 because I was on my way to the surgery center! As it turns out I didn't even get the $930k or a paid for house. I do not want to let him get away with this injustice but from what I understand if a judgment is set aside we have to start at square one with the property division. His disclosure statements may indicate extrinsic fraud inasmuch that per tax returns net disposable income after all expenses and payments to me totalled #1.1 million over the five years yet he only showed an $80k increase in his assets. After I signed the deal he admitted to me that he bought $700k of machinery, had a "couple of bonus checks" in his pocket worth another $300k. After all this background my question is... Is there a motion I can file to just have the court order I receive more money i.e. "sanctions" without going through interplanery conferneces, asset evaluations, etc. How can I just get the original $930k deal enforced. I either need a "clean, fast way" to get the money or I feel I must just walk away for fear the stress will make me sick again. Also it has been nearly impossible to find a lawyer to take my case I guess because I am in NJ and the divorce is in CA. A change of venue has already been denied by the CA judge. Since I "took less money" in the settlement the ex promised never to attempt to change our custody/visitation arrangement. Five months after the deal was recorded he filed a suit to change all the visitation orders. He was more or less unsuccessful but has vowed to file every six months until he gets 50/50 custody ( I have 100% sole physical custody. I really need that money now but I am not sure how to get it. Can anyone out there help me?

[cdad]

Long story but unfortunately need more answers.
( quote ) I am a cancer survivor since 2003. We are from CA but I was diagnosed in FL and stayed there with the kids in FL to get treated for my cancer as my mom is there and my sister generously took a 4 month leave of absence to take care of us. The ex reluctantly agreed to this but hit me with a divorce 2 days after my last radiation treatment ( end quote )

How long were you in Florida before he filed ? Was it longer then 6 months ?

[raechelhart]

We arrived in FL on June 11, 2003, bought a house jointly in Aug 2005 and his filing was recorded on October 12, 2003. I was asvised by a CA atty. Not to filw in FL because they would not rule on my CA assets and they look down on women divorcing in that state and it might get difficult for the children. When I received his divorce papers in the mail I had just told him three days earlier that the Doctors told me we would know if the radiation was going to kill me in 7 to 10 days. I was bleeding from the corner of my eye, my ears, my teeth, my bottom, etc. I told the ex this and his response was to send the divorce papers because his "barber told him I would try to file in FL and keep the kids". Nice guy huh?

[cdad]

We arrived in FL on June 11, 2003, bought a house jointly in Aug 2005 and his filing was recorded on October 12, 2003. I was asvised by a CA atty. not to filw in FL because they would not rule on my CA assets and they look down on women divorcing in that state and it might get difficult for the children. When I received his divorce papers in the mail I had just told him three days earlier that the Doctors told me we would know if the radiation was going to kill me in 7 to 10 days. I was bleeding from the corner of my eye, my ears, my teeth, my bottom, etc. I told the ex this and his response was to send the divorce papers because his "barber told him I would try to file in FL and keep the kids". Nice guy huh?

The lawyer from California either didn't know what he's talking about or he lied. The real truth is you most likely hadn't lived in Florida long enough to file there. The real problem is you said you had signed something without reading it.. that's the tough part. The next problem is you said you bought a house jointly.. do you mean it says joint tennents ? Because that having been bought after the paperwork started can be considered separate property depending on how it was written up. You really need to sit with a good lawyer and it might even cost a few hours time to really get a handle on where you stand and what can be done about it.