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    Holdingontohope's Avatar
    Holdingontohope Posts: 1, Reputation: 1
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    #1

    Aug 2, 2012, 11:15 AM
    Signed Under Duress
    Is it possible to get a judge to drop or dismiss a Temporary Agreement in a divorce/custody battle if the agreement was signed under duress and at a time when the person forced to sign the agreement was not in a clear state of mind? If so how is this done? I am in Georgia.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 2, 2012, 11:23 AM
    Quote Originally Posted by Holdingontohope View Post
    Is it possible to get a judge to drop or dismiss a Temporary Agreement in a divorce/custody battle if the agreement was signed under duress and at a time when the person forced to sign the agreement was not in a clear state of mind? If so how is this done? I am in Georgia.

    I hope not or everyone would claim to not be in a clear state of mind. Were you represented by counsel?

    I'd consult with an Attorney.

    I've seen this argument before, and the party has lost. It's called "buyer's regret."
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 2, 2012, 11:30 AM
    Can it be done ? Yes, you file a motion to have it dismissed. You prove that there was actual threats and you were so scared for your life, that the duress was there.

    For mental issues, your provide your doctors records showing ( not now) but at the time of signing you were under treatment and not of sound mind.

    So basically you cant
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 2, 2012, 02:38 PM
    Quote Originally Posted by Holdingontohope View Post
    Is it possible to get a judge to drop or dismiss a Temporary Agreement in a divorce/custody battle if the agreement was signed under duress and at a time when the person forced to sign the agreement was not in a clear state of mind? If so how is this done? I am in Georgia.
    Was "the person forced to sign" you?
    How exactly were you put under duress?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 2, 2012, 02:39 PM
    Quote Originally Posted by AK lawyer View Post
    Was "the person forced to sign" you?
    How exactly were you put under duress?

    I'll bet the OP is the "forced person". Duress? A pistol.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Aug 2, 2012, 02:53 PM
    Quote Originally Posted by JudyKayTee View Post
    ... Duress? A pistol.
    Clearly.

    "If you don't sign this I will take you to for all you're worth."

    Clearly not.
    "If you don't sign this you I will not agree to you getting any visitation"
    No.
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