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Discovery process in the State of Virginia

Norfolk, VA |

My spouse and I signed a legal seperation agreement over a year ago. I believe my spouse didn't have a lawyer at the time we signed it. Now my spouse has a lawyer, and is now contesting the agreement claiming duress and fraud. The agreement is favorable to me. What are the minimum standards to prove duress and fraud? I believe the facts show I didn't induce my spouse to sign under either circumstance. What should I expect to provide during discovery? What types of information can my spouse lawyer request?

Attorney Answers 3

Posted

Those are very good questions and they are fact specific. I suggest that you contact a local VA attorney, bring a copy of your file to him/her and go over exactly what was misleading to you. Take care and wish you well.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

The issues require a review of the agreement to determine if it is an unconscionable agreement (terms so unfair no one in their right mind would sign) and an understanding of the circumstances occurring at the time of signing. You really need to meet with an experienced attorney.

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Posted

There are a number of issues that have to be addressed to prove fraud or duress. The burden is on the party attacking the Agreement to prove either of those defenses. Find an experienced attorney in your area to review the agreement and the circumstances leading up to the execution of the Agreement to determine your exposure.

This is for informational puposes only and is not contemplated to create an attorney-client relationship.. You should discuss this and all issues with an attorney of your choosing.

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