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Separation Agreement/Fraud/Duress

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What is the name of your state? Georgia

Has anyone been involved in a separation agreement that involved evident fraud and duress? Thanks.
 


rmet4nzkx

Senior Member
Cindergretta said:
What is the name of your state? Georgia

Has anyone been involved in a separation agreement that involved evident fraud and duress? Thanks.
What have we told you about starting new threads? :rolleyes:
 

stealth2

Under the Radar Member
Actually, this is one new thread that makes sense to start as it DOESN'T really have anything to do with the custody/visitation issue, as best as I can tell.
 

rmet4nzkx

Senior Member
stealth2 said:
Actually, this is one new thread that makes sense to start as it DOESN'T really have anything to do with the custody/visitation issue, as best as I can tell.
Actually it does as it pretains to her being asked to sign the separation agreement before leaving Guam prior to the 90 days and her refusal which allowed her husband to file for divorce in Guam, she repeadely refused to sign the agreement then claimed she was coerced. Apparently her claim to fraud is that she disagrees with how things were handled when they didn't go her way. Again, if these were all put on one thread it would make more sense and we wouldn't have to go all over the place to peace her story together. There doesn't appear to be either fraud or duress beyond her own making.
Cindergretta said:
I do have a Guam attorney and since my STBX has filed his complaint for divorce we have filed an answer and counterclaim of mental cruelty. And of course he has filed a response to my complaint. We are trying to get a change of jurisdiction of the child support and custody, since not only were we there for only 90 days when STBX filed for divorce, but I and the kids were legal residents of Virginia at time of filing. In Guam, they give military prefferential treatment and allow them to file for divorce after 90 days regardless of their home state. Great huh? The kids and I have since moved back to Georgia to live with my parents, since I am a stay at home mom of a 2 and 3 year old and have no job right now. I will give you a little time line of what happened.

June 30, 2004: Arrived in Guam.
August (beginning): started going to psychiatrist and social worker, abuse in home was escalating..Social worker referred our case to Family Advocacy because of profound evidence of abuse.
September 3: STBX assaults me/police are called/he stays the night somewhere else.
Sepetmeber 7: STBX is given a restraining order because they are informing him that FA is investigating him for abuse and in order to avoid retaliation by the abuser to get back at victim he has the restraining order against him for about 6 days. He doesn't come back to live with us.
September 10: FA tells him that I would like an Early Return of Dependents back to the states, He agrees to sponsor us back.

we decide to make a seperation agreement in order to spell out support and seperate household goods, because we both have to set up shop in different places.

September 28: He gives me the seperation agreement and i don't like it and tell him that i am not going to sign it.
September 30: I am supposed to leave Guam, he scheduled my plane flight out of Guam and HE moves my date to Oct. 5, because I won't sign the agreement. He tells me that he will not let me leave Guam until I sign the agreement. He calls my parents and tells them that I had better sign the agreement or he will not let me leave. and a whole bunch of other BS.
He also files for divorce in Guam on Sept. 30, unbeknownst to me and proceeds to tell me that i have to sign the agreement.
He also makes me move to another room in the hotel all by myself with 2 toddlers and like 6 huge bags.
Oct. 1: He makes me move to another hotel, again all by myself with 2 toddlers. And we sign the agreement in the afternoon and he serves me with divorce papers about 8:30 at night. The JAG officers screwed me on the seperation agreement and said i couldn't do certain things and they LIED to protect STBX.
Oct. 2: Supposed to leave back to the states on a 6:00 flight..Well i don't go because now i have to find a Guam lawyer.
Oct. 9: Leave to go back to the states with 2 kids.

Apparently, most of these guys who do this put a restraining order on the wife and kids so that they can't leave and have to stay there until the divorce is complete, but he let us go. so i don't really know what that means but me and my kids have "original orders" from the military sending us back to Georgia.
It is important to remember that her claims were found to be unfounded once investigated and OP admits she is glad there was no abuse, leaving this fact out makes her seem abused by the system, but that is all the court will see, is a series of unfounded and unsupported claims.
 
Last edited:

stealth2

Under the Radar Member
I'm not an admin, buit this one I would give a pass to.

I agree that coercion likely would not apply, however.
 

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