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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: 3 months ago.Category: Family Law
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Customer reply replied 3 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.
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Customer reply replied 3 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 3 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,969
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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

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Family Lawyer: FamilyAnswer, Lawyer replied 3 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.

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Family Lawyer: FamilyAnswer, Lawyer replied 3 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!

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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).

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