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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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Can a Separation and Property Settlement Agreement created

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Can a Separation and Property Settlement Agreement created by my one spouse without the other spouse's knowledge' and then be forced under fierce to sign be revoked? This document was signed four years ago. My husband filed this document in June of this year. He served me divorce papers this past Monday. I had been living in Virginia since November 2012 with him. He started asking me to leave in December after we both had decided for me to transfer my government job from North Carolina to Virginia. Can someone honestly tell me if I have a chance in court to revoke this document? I've been served with an Absolute Divorce from North Carolina.
Submitted: 11 months ago.
Category: Legal
Expert:  Alexia Esq. replied 11 months ago.
Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing Divorce law for 19+ years and look forward to assisting you.

Can a Separation and Property Settlement Agreement created by my one spouse without the other spouse's knowledge' and then be forced under fierce to sign be revoked? It can be found to not be a contract at all, if it lacks the mutual consent that is required. True "Force" or trickery can negate the existence of an actual mutual agreement, thus the contract may be void from its inception. However, one can't assert force if it was really not force, but a choice between signing it and not signing it. Gun to head - that would be force.


This document was signed four years ago. My husband filed this document in June of this year. He served me divorce papers this past Monday. Ah, there may be an issue as to "staleness". I had a case once involving a signed Settlement agreement, but the parties never followed the agreement that was signed, and in fact continued to live together, it failed again, and then the one party sought to enforce the old Agreement. The Judge ruled it was Stale - in a sense, that both parties has 'terminated' it by their actions.

 

I had been living in Virginia since November 2012 with him. He started asking me to leave in December after we both had decided for me to transfer my government job from North Carolina to Virginia. Can someone honestly tell me if I have a chance in court to revoke this document? I believe you do have a chance, depending on your details. Get a divorce attorney in your appropriate state to review the current status of the staleness doctrine.

 

I've been served with an Absolute Divorce from North Carolina.

Optional Information:
Country relating to Question: United States
State (if USA): North Carolina
What have you tried so far?: I've been searching for a lawyer. I've also moved out on the 3Rd of August with my daughter. Lawyers - there are tons of them in that area - finding one should be rather easy - but I'd find one that focuses on divorce and only divorce, rather than one that works 10 legal fields, truly a master of none. You may want him at the top of his game in the divorce field.


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11682
Experience: 19 Years of Legal Practice Experience in this precise field.
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