My wife and I signed a property separation agreement. Now she said she signed it under duress because of her immigration status problem. Actually even without me, she has a decent job with h1b and has no problem of staying here.
Under certain circumstances a signed agreement can be challenged. You should consult with an attorney ASAP to assess your case.
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You can challenge an agreement under limited circumstances. However, courts are reluctant to overturn them so your defense is crucial.
You should speak with an attorney promptly.
To better assist you, below are links to information that may help you.
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A property settlement agreement is subject to judicial scrutiny. Traditional notions of contract law will apply here. So long as you were acting in good faith and all relevant terms were contemplated, the court should uphold the PSA.
Was your ex-wife represented by counsel during negotiations? Were you? You should consult with an attorney. Contact my office or one of the other qualified attorneys here if you have any further questions.
Workers' Compensation Lawyer
Did you already file for divorce? Has it been finalized. You refer to the document as a property separation agreement. Separation and Divorce have two different meanings for property division. If you are divorced and you have a signed agreement then the other three posters are the correct advice to follow.
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