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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36936
Experience:  30 years in civil, probate, real estate, elder law
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I have a separated spouse who signed contracts with me

Customer Question

I have a separated spouse who signed contracts with me regarding marital agreememt and property agreement. her lawyer is challenging these signed agreements saying she was forced. I have talked to 2 attorneys that see no basis for her claim esp since she benefited from them and they are over 1 yr old. But the back n forth dispute of issues benefits both my attorney and hers. How do I just get this to court 2nd stop the bleeding? Also the agreements say costs associated with disputing it will be paid by prevailing party so is my attorney milking this..now $3k when all we have to is stop talking to my wife's lawyer and let the masters decide?
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you tonight.

You appear to have good facts her as you state to prevail. Unless you can resolve this with the ex all you can do is demand that your lawyer take this onto hearing and force resolution that way.The other side here has the burden to show she was forced here, certainly that does not appear to be the case.If you prevail here court may award you the legal fees , it appears you may well be successful.Also the ex here is also paying her lawyer, that may spur some kind of settlement here.Otherwise write or email your lawyer and tell you that you want it set for trial now without further delay.

I appreciate the chance to help you tonight.Please let me know if you have more followup.Thanks again.

Customer: replied 3 months ago.

My lawyer now wants to review all my debts and income and assets. Yet all this is done an addressed in the property agreement so the only reason I see hes asking is so he can charge more. Cant the contract be enuogh to take this to court now?

Expert:  Ray replied 3 months ago.

He is trying to help you here, I understand it adds up.But it is important for him to know this if it is going to court.But you need to make sure you tell him to move forward to a hearing on this as soon as possible.

Customer: replied 3 months ago.

Yes, but since my wife has not submitted a duress claim to invalidate the contracts can't I just rely on the contracts and not spend all the extra time/money reviewing all my debts and assets that led us to the contract? Im confused why all this prep/cost is required to prove a contract tat was agreed to and signed.

Expert:  Ray replied 3 months ago.

You would want to show that these were fair agreements and that the debts/assets were fairly resolved.Lawyer has to be prepared here, it is malpractice for him not to do so.I hear what you are saying.You have option here to go pro se without a lawyer.Lawyer if you prevail here can seek all your legal fees from the the judge and a judgment against the ex.

Customer: replied 3 months ago.

I understand but why is there a need to show how we arrived at a settlement when it is the agreement that dictates the final terms of what we agreed on?

Expert:  Ray replied 3 months ago.

Well if the agreement was close to 50-50% hard to argue there was something one sided or fraudulent.Fair deal for all here.That would be your argument.