Questions and Answers

Would I lose custody of my teenage kids and become homeless if I try to legally break contract?

I signed a contract 10 years after marriage, whereby no custody of kids/finance/property will be given to me, if I divorce/separate. This contract was signed in a law firm, with my husband’s attorney supposedly being my attorney too.

Frankly, coming from another part of the world, I never understood all of this legal stuff, but sometimes we are in situations with no choices at that moment, as that time I was not given a detailed explanation about the contract. That’s where I lost my knowledge to power, by not knowing what I was really signing. At this time I was not working/never drove and thus could not afford an attorney. Would this contract expire because the notary date/license expired? Is sharing the same attorney valued?
Would I lose custody of my teenage kids and become homeless if I go legal? (as my husband says this will be so of me).
Could this contract be of no value?

ANSWER

You need to speak with an attorney and show him/her the contract you signed. The Agreement may be unenforceable for a few very important reasons (you had no attorney, unclear who the attorney was representing, you didn’t have enough information, the outcome is unconscionable, etc.) and that the child provisions (custody, visitation, and child support) are always modifiable. Further, if your children are teenagers then their wishes will be heavily considered by the Court when the Judge considers all the facts to arrive at a decision that is in the children’s best interests.

It is unclear whether or not there is an existing case filed with the Court but it seems that you should do that as soon as possible while your attorney tries to come to a settlement with your husband and his attorney. Finally, if you are still living with your husband you will need to speak with a lawyer to determine if you are eligible for a divorce at this time and if not you will need to know what needs to be done to begin that process.

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