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pregnant woman under duress

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poorerguy

Junior Member
What is the name of your state (only U.S. law)? NC
if a long seperated woman ,now pregnant , wanting a divorce, manipulated into giving her (x) far more than 50% of HER assets settles and divorces , is there any possibility of justification?
she was terribly upset and vulnerable while her husband picked and chose over her stock portfolio and settled with a far less valuable portion, convinced she still had more actual stocks.
thanx in advance for any insights
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NC
if a long seperated woman ,now pregnant , wanting a divorce, manipulated into giving her (x) far more than 50% of HER assets settles and divorces , is there any possibility of justification?
she was terribly upset and vulnerable while her husband picked and chose over her stock portfolio and settled with a far less valuable portion, convinced she still had more actual stocks.
thanx in advance for any insights


Who are you in this situation?

Seeing as she's pregnant, are we to assume the divorce has NOT been finalized?
 

poorerguy

Junior Member
I am her now husband...they were seperated for years and she never pushed for it because he made her feel that he would lose his job if they got divorced...he is a pastor...and still is
 

Proserpina

Senior Member
I am her now husband...they were seperated for years and she never pushed for it because he made her feel that he would lose his job if they got divorced...he is a pastor...and still is

Proving duress is extremely difficult.

Pregnancy does not usually count as "duress".

If she didn't have legal counsel, frankly that's not his fault.

Have your wife sign up for her account if she wants to ask her questions - she'll likely have details you don't.
 

nextwife

Senior Member
Pregnant with the ex's child, or by someone else?

She's a big girl - nobody can accurately predict the market. She'd now not happy with the stocks she selected in hindsite? People who aren't pregnant mess up on their stock picks, holds and dumps. What's their excuse?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NC
if a long seperated woman ,now pregnant , wanting a divorce, manipulated into giving her (x) far more than 50% of HER assets settles and divorces , is there any possibility of justification?
she was terribly upset and vulnerable while her husband picked and chose over her stock portfolio and settled with a far less valuable portion, convinced she still had more actual stocks.
thanx in advance for any insights
She's almost certainly SOL. She wanted out of the marriage and chose to settle on an agreement. The fact that she was under stress doesn't make the agreement voidable.

The legal definition of duress is here:
Legal Definition of Duress

In short:
"DURESS
Restraint or danger, actually inflicted or impending, which is sufficient in severity or apprehension to deprive a person of free choice, destroy his volition, or obtain consent only in form."

Was she in danger of harm which was sufficiently severe to deprive her of free choice? It doesn't sound like it.
 

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