discover infidelity after property settlement agreement

[ayaya]

What is the name of your state? Virginia

I have a friend that has signed a property settlement agreement with their spouse and had plans of a no fault divorce. However, they have discovered that there spouse is now pregnent with a man's child that he has suspected carrying out a relationship with his wife before their separation. Is there anything that he can do to reverse the property settlement agreement at this point? What are his options? Is he able to file a fault divorce for her infidelity?

 

[HomeGuru]

What is the name of your state? Virginia

I have a friend that has signed a property settlement agreement with their spouse and had plans of a no fault divorce. However, they have discovered that there spouse is now pregnent with a man's child that he has suspected carrying out a relationship with his wife before their separation. Is there anything that he can do to reverse the property settlement agreement at this point? What are his options? Is he able to file a fault divorce for her infidelity?

**A: and what did your friend's attorney have to say about it?

 

[VeronicaGia]

His best bet is to get divorced as quickly as possible. Most states hold that a child born into a marriage is a child of the marriage. If he is sure this isn't his child, he needs to at least bring up the pregnancy in court and declare he is not the father.

 

[ayaya]

Re: Re: discover infidelity after property settlement agreement

**A: and what did your friend's attorney have to say about it?

His attorney believes that there is nothing that he can do about this and he is going to talk to someone else for a second opinion.

Does anyone know if a "Property Settlement Agreement" can be nullified?

 

[stephenk]

what would be the reason to nullify the property agreement? Does the hubby think he should be getting more because his wife had an affair?

 

[ayaya]

If she was cheating on him and then pretty much "took him to the cleaners" then what would you do?? He is broke, living in his dad's basement, barely sees his daughter, and she got everything and cheated on him?

 

[stephenk]

that still doesnt give a legal reason why the property settlement "agreement" should be set aside. He was represented by an attorney, right? How did he end up losing so much? Was the PSA agreed upon or what the court ordered following trial?

 

[ayaya]

They are not even divorced yet; they have only signed the property settlement agreement. He did use a lawyer but since she barely worked she made out well. They were married for 5 years and within the time they were married, she became pregnent. She was pregnant at the time that they signed the property Settlement agreement yet she hid that fact. This was agreed on because it was a no fault divorce but now he has the proof for what he has suspected for the past 1 1/2 years.

 

[cyana]

From "Divorcenet" state of VA

"Alimony/Spousal Support:

Either spouse may be awarded maintenance, to be paid either in a lump sum, periodic payments, or both. Permanent maintenance will not be awarded to a spouse who was at fault unless such a denial of support would be unjust"

According to www.divorcenet.com (state of VA) there is likely to be no impact on or legal basis for re-opening the PSA. As you stated, the husband was represented by counsel. The only area the way I read this is that her infidelity could impact an award of "permanent maintenance" - that would unlikely to occur for a short term marriage of five years. The court could award her short term maintenance without regard to fault, unless the husband choses to go the more costly route of a fault divorce.

 

[djohnson]

He signed the property agreement and it was advised by his attorney. If it was suspected why was signing not put off to allow time to check it out? The reason is it wouldn't have made a difference. He signed and this is not a reason to try and void it. It may have made him mad and not signed it and fought harder but it's too late now. What does his attorney say?