About divorce and property separation agreement

Asked almost 2 years ago - 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)

  1. 5

    Lawyers agree

    Answered . 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)... more
  2. 3

    Lawyers agree

    Answered . 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... more
  3. 2

    Lawyers agree

    Answered . 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... more
  4. Answered . 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... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alternatives to divorce

Divorce is not the only solution to marital difficulties. Marriage counseling, legal separation, or annulment are other alternatives.

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