Skip to main content

About divorce and property separation agreement

Princeton, NJ |

My husband and I signed a PSA a few months ago. Now I filed divorce. He said the PSA was signed at duress because he needed my sponsor for permanent residence. The green card interview was after the PSA was signed and now he has green card already. I did not force him to sign it. I proposed to file divorce immediately after I discovered his affair. But he would like to sign a PSA and postpone the divorce.

Attorney Answers 4

Posted

Your husband is a piece of work. He can claim whatever he wants. Whether the court will side with him, I seriously doubt

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

5 lawyers agree

Posted

Your question is unclear - is he proposing a second and different PSA?

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Yes.

Posted

You can seek to finalize a divorce asking the court to find the PSA to be a controlling document confirming a settlement of any and all issues. The burden will be on your spouse to have the document set aside.

Depending on the facts and circumstances you may still be able to secure your spouses cooperation in moving forward in a swift, amicable way. For example, the modificaiton he is seeking to the PSA may not be significant enough to justify contested litigation.

If you would like to discuss you matter in greater detail, please do not hesitate to contact me.

Kenneth A. White, Esq.
732-819-9100

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

Mark as helpful

3 lawyers agree

Posted

You may need to enforce the agreement and that process does require you to speak to an attorney for the ins and outs.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed

Mark as helpful

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics