Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I'm stressing because I'm going to a depisition next week…

Customer Question
I'm stressing because I'm...

I'm stressing because I'm going to a depisition next week and my husband is claiming our pistnuptial is invalid because he was in a state of duress he took seven months to craft it by dragging it out then his house I had no interest in financially sold and I said do the postnup or divorce me I don't want your threats of making me penilless anymore... he's a wealthy man I feel like I was in a state of duress the whole marriage. Can someone just say they are in duress? There was no gun to his head he even turned down a better offer for his house sale a year before he wasn't broke it's nonsense but I'm worried about this

Lawyer's Assistant: I'm sorry if I'm reading you wrong here, but it seems as though you might be considering committing suicide or hurting yourself. Am I right?

No I was writing about my court case... nothing to do with hurting myself I thought this was a legal line

Lawyer's Assistant: Okay. Let's try this again. How can I help you? What steps have you taken? Have you filed any papers in family court?

I have a good attorney next week are the depositions because my husband is claiming duress over signing a postnuptial that his and mine attorney worked on for 7 months

Lawyer's Assistant: Family law varies by state. What state are you in?

Huntsville alabama, I'm wondering what duress really means in court he could have divorced me not sold his house.. he waited till hos house had an offer to sign I think so he could claim duress..

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing except my lawyer has not been very clear with me about what duress is

Submitted: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 6 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 6 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 6 months ago
It would be great if we could talk a minute about this duress clause and pistnuptial validity
Answered in 5 hours by:
3/20/2018
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,335
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Good morning. No, a party can not just say they were under duress an this was not done voluntarily. The burden is on the moving party to show and support they this was the case and they need to present evidence, to show and support it. There is likely going to be a presumption it is valid and should control but if he now wants to say it should not be, as a result of this, he would need to convince a court others wise, over and in addition to your objection, as to why it was valid and should control.

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 5 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 12,661
12,661 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
If my son and his wife (now living in Brussels) decided on
If my son and his wife (now living in Brussels) decided on equitable terms for their divorce what would the procedure be to file the divorce action in California. Should he provide her with a post nup… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
194 satisfied customers
My husband has agreed to sign something to state that he has
My husband has agreed to sign something to state that he has no claim to my restricted stock options that are a key part of my compensation that vest over a 4 year period, starting with 5% in August. … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
194 satisfied customers
I am asking my husband to sign a written agreement that he
I am asking my husband to sign a written agreement that he will pay me a sum of $ per month for the rest of my life. It needs to be irrevocable. Are there specific words I have to add? If we both sign… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
JDFL I have Postnuptial Agreement said, everything 50-50
For Robert JDFLI have Postnuptial Agreement said, everything 50-50 divided at the time of the dissolution of marriage. And stated that “ any action or proceeding whatsoever to vacate, annul, rescind o… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
I have a friend who wants to create a postnuptial agreement
I have a friend who wants to create a postnuptial agreement with her husband to guarantee he provides the support he promised and in a timely manner. Is that possible? … read more
FamilyAnswer
FamilyAnswer
Lawyer
33,335 satisfied customers
What can i do if my i130 and i485 id deny and no appeal and
What can i do if my i130 and i485 id deny and no appeal and my husbandvis filing for a divorce … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I signed divorce papers under duress,husband got them
I signed divorce papers under duress,husband got them online,he doesn't disclose any assets,house (he put in his sons name),vehicles,family furnishings,AND I don't get anything.he is XALLING and texti… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
I live in texas and I was deceived in signing a post nup I
I live in texas and I was deceived in signing a post nup I signed in front of a notary. I was not aware of the post nup until a year after… read more
FamilyAnswer
FamilyAnswer
Lawyer
33,335 satisfied customers
My husband and I was forced to sign a post nup by s dad. Is
My husband and I was forced to sign a post nup by his dad. Is there any way we can get that voided without him or the lawyear who drew it up know . Can a post nup be voided?… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,528 satisfied customers
My husband and I are filling out the Kentucky Postnuptial
My husband and I are filling out the Kentucky Postnuptial agreement form. It says in several places that neither party was under duress at the time of signing and that we agree all items are equal and… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a post nuptial agreement done by a lawyer in Texas.
I have a post nuptial agreement done by a lawyer in Texas. What needs to be done to convert to a divorce decree. We would like to make some minor changes to the agreement.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
My husband left me for another woman. Im getting ready to
My husband left me for another woman. I'm getting ready to file for divorce, but need to know if an agreement he drew up (during our reconciliation process a couple months ago) wherein he promised to … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
Is the bellow postnup valid and enforceable?POSTNUPTIAL
Is the bellow postnup valid and enforceable? POSTNUPTIAL AGREEMENT This post-nuptial agreement has been entered into between xx and xx, husband and wife. xx shall now be known as the husband and xx sh… read more
AttyCBradford
AttyCBradford
Attorney/Owner
Doctoral Degree
633 satisfied customers
Dear Sir or Madam, I have a question about postnuptial agreements.
Dear Sir or Madam, I have a question about postnuptial agreements. My husband and I have been married for 8 years, we were married in New Jersey, but have been living overseas for the last 7 years. We… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I live in upstate NY. This is a second marriage for both my
I live in upstate NY. This is a second marriage for both my husband and I - he was divorced, I was a widow. We have been married for almost 8 years and together for 12. My husband is a very successful… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Im in FL and need help with case law. My ex filed a response to my petition and clai
I'm in FL and need help with case law. My ex filed a response to my petition and claimed he was coerced into signing the postnuptial agreement that was incorporated into the Final Judgement. The judge… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I have been married for almost four years. A few months ago
I have been married for almost four years. A few months ago I invented a new type of retail anti-theft system which is now being reviewed by several companies for possible development. I would like to… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Hello does a trust override a deed if the trust was created
Hello does a trust override a deed if the trust was created before the new deed. My husband put me on the deed to his home after I left my home and moved into his home. He deeded it as tenants by the … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x