Discovery process in the State of Virginia

Asked over 3 years ago - 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)

  1. 3

    Lawyers agree


    Answered . 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... more
  2. 1

    Lawyer agrees

    Answered . 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.

  3. 1

    Lawyer agrees

    Answered . 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... more

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