now she wants to fight

[zippdude]

I live pennslyvania, recently my wife of 23 yrs came home from work and asked for a divorce,packed her clothes and told me to file. She said she would sign off the house and that she wanted nothing. The next day I called my lawyer filed,drew up a seperation agreement.{hers is hers mine is mine} She met at a notary and signed the papers without reading them and walked away.Now she has bought a high priced lawyer and is trying to fight the agreement.My question is can she and how do they go about fighting a seperation agreement that has already been signed.

 

[I AM ALWAYS LIABLE]

I live pennslyvania, recently my wife of 23 yrs came home from work and asked for a divorce,packed her clothes and told me to file. She said she would sign off the house and that she wanted nothing. The next day I called my lawyer filed,drew up a seperation agreement.{hers is hers mine is mine} She met at a notary and signed the papers without reading them and walked away.Now she has bought a high priced lawyer and is trying to fight the agreement.My question is can she and how do they go about fighting a seperation agreement that has already been signed.

My response:

What does it say in the agreement concerning her right to representation before signing, and her knowing waiver of that right?

IAAL

 

[zippdude]

re now she wants to fight

the parties both acknowledge and declare that each of them has had the opportunity of selecting independent legal counsel and each fully understands and has been informed of all facts and all legal rights and responsibilities with respect to this agreement and all matters contained herein and each believes this agreement to be fair, just and reasonable and has signed this agreement freely and voluntarily

 

[I AM ALWAYS LIABLE]

My response:

Then, depending upon case law in your State, it would appear that she's got a real "uphill" battle on her hands. What has your attorney said about this matter?

IAAL

 

[zippdude]

My Attorney said she dosent know what they are trying to do and she wants to wait out the ninety days too see if she will sign the final divorce papers and as far as she is concerned its a done deal. That is the part that bothers me. Ive heard from some people that she can try to fight it through mental duress

 

[I AM ALWAYS LIABLE]

My Attorney said she dosent know what they are trying to do and she wants to wait out the ninety days too see if she will sign the final divorce papers and as far as she is concerned its a done deal. That is the part that bothers me. Ive heard from some people that she can try to fight it through mental duress

My response:

Well, she can claim anything she wants - - but "emotional distress" is a very, very poor ground with which to invalidate a contract. Unless someone was threatening her life at the moment she signed the contract, well, then that's just tough crap. She's an adult, and fully capable to understand and sign contracts. "Sour Grapes" is not an excuse or defense - - and hindsight has 20/20 vision.

So, from your posts, all I can tell you is that she's fighting a battle that won't pan out, and the only thing she'll accomplish is emtying her purse.

Good luck to you, and follow your attorney's instructions carefully.

IAAL

 

[zippdude]

THANK YOU I will sleep much better tonight