Law Office of David P. Schwarz

SETTING ASIDE FAMILY LAW AGREEMENTS Often people find themselves in the midst of a divorce or a family law issue that was entered into without knowledge of the consequence of entering into the agreement. Therefore they need to get out of it quickly in order so that it does not take effect and mess their lives up later on. This is tricky business and often requires the help of an attorney. Usually people that enter into these agreements do not want help and think that doing... the agreement themselves they will prevail. The legal arguments to be made to get out of an agreement are varied but easily used to set aside an agreement that a person finds themselves in. I highly suggest that a person seek legal assistance in order to go to court to get this done. Also seeking legal advice on setting aside an agreement can also be beneficial. Often he number one agreement people enter into that they finds themselves over their head is marital agreements either prior to a marriage or during a marriage. Often you need legal help in making sure these agreements are solid and will have some teeth later on if a divorce occurs. Again consulting a lawyer to go over an agreement you enter for a marriage is very helpful. Other agreements might be one for property distribution or transfer of property. A deed transfer is very complicated and a person needs to be careful to take the right step in order to make sure that all the necessary step have been fulfilled by the clerks office. The law is clear The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. There is great flexibility for the court to use its discretion to set aside documents of a legal nature for general mistakes a See more

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