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.