Attachment B- to Status Conference Statement Family LawHer only duress was her guilty feelings about leaving me for another man. Our status conference with the judge is on Wednesday.
Currently, Petitioner requests that the Court set a schedule for hearing the issues involving property division. The anticipated issues are the following:
A. Petitioner claims an interest in property acquired during marriage, including, the following:
1. The car she is driving (Subaru);
2. one half interest in the value of the appreciation in the residence that Petitioner and Respondent built during their marriage; and
3. one half interest in all patents that have been or will be issued to Respondent, the subject of which Respondent worked during the marriage.
B. Respondent will most likely claim that Petitioner is not entitled to anything acquired during marriage because she signed a Marital Settlement Agreement which he will claim gave away all of her interest in community property assets.
C. Respondent claims the "Marital Settlement Agreement" was invalid for the following reasons:
1. Signed under duress (evidenced by prior courtroom proceedings involving the children's safety while in Respondent's care);
2. Unconscionable and one sided;
3. Respondent did not disclose his net worth or the necessary information for Petitioner to make an informed decision;
4. This Marital Settlement Agrement was never presented to the Court, or incorporated into a Judgment therein. Had the Court seen this Agreement, and queried Petitioner about whether she was signing it under duress, she would have responded in the affirmative; and
5. If it is considered a valid contract, Respondent breached the Agreement.
I really don't see how her alleged duress has anything to do with the children's safety, but I guess she'll be explaining it to the court.
2 comments:
I'm beggining to think your ex is a sociopath. Ok, I have really thought that for some time........
Anyway you'd think if she were happy with the new guy, she'd have less time or inclination to stir the divorce pot all the time.
But that's just me I guess.
She'll never be happy with the other guy because this woman clearly has some sort of hostile/low self esteem/victim mental illness going on.... She will always be "owed" something; she will always be a victim; she will always feel discontent in what she has. I am sure that she believes that she has scored with the new man - she has rent, food, child-care assistance, future financial security etc all taken care of - now she can just spend all her time being discontented about something else - there will always be something else - I wish this new guy luck, if I was him, I would run run run away from your ex - she is going to be a headache for him once the thrill of saving the lady in distress and her 2 darling daughters from her evil ex husband wears off. George, if you think back, did you fall for these same stunts when you met her? Were you saving her from something/someone? Was she running away from something? Why did she marry you if you are such a horrible person according to her testimony? Do you feel scammed??????
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