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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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My husband has filed for a divorce for the 5th time. Last

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My husband has filed for a divorce for the 5th time. Last time over two years ago he made me sign papers under duress. He called them post nuptial agreement. I signed property, mobile home over to his name. He supposedly is supposed to pay me $200. per month for the rest of his life. I do not agree with the terms. He did pay me $8,000. cash (supposedly for the purchase.) Then he promised that he would never divorce me if I signed the papers. Please help. Do I have any legal claim? I live in Florida. Also, he says with the post nuptial agreement that our divorce will be final real soon and that I only have 20 days to move out. Is that true?
Ruth from Florida
A post nuptial is not the same as filing for a divorce.
If you signed a valid post nuptial agreement then you are bound by the terms of the agreement you signed unless you can convince the Judge that the post nuptial agreement was signed under duress. However, a promise to not divorce you to convince you to sign is not duress.
Customer: replied 7 years ago.
No the duress was for three months solid he told me every day that "you will sign those papers". I suffer from depression, so wanted him to be quiet already.
You would need to disclose a detailed accounting of events with your attorney to see whether is would rise to duress. However, the information provided in the prior post is still correct.
I wish you well.
Customer: replied 7 years ago.

Only one more question please? What would be considered duress?

 

And I would like to thank you now very, very much for your information.

Thank you.

You're welcome.
If you go to the link below you will find a detailed definition of Duress

http://en.wikipedia.org/wiki/Duress

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