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.
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.
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.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.
Written by attorney Erik Newton
Legal Separation Overview Divorce isnt for everyone - sometimes for religious or other personal reasons, the status of legal separation is a better alternative to a divorce. Legal... more