Full question:
After 33 years of marriage, my ex-husband told me that he wanted a divorce. He said that he was already involved with another woman. I hired an attorney/forensic CPA for his business evaluation which was never completed due to threats from my ex-husband. He underestimated his business value and the company car was said not to be applicable. I was under much duress at mediation and settled for half of what I should be getting. He also defrauded me regarding a lump sum payment of $9,000. I gave my new attorney all of the paperwork, but she returned it to me as she was overwhelmed by its conflicting reports and asked me to do it.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Florida
Answer:
Collaborative divorce uses a technique where couples and their attorneys
agree in advance not to litigate. If either party ignores the agreement and
pursues court, the party's attorney is mandated to end their representation.
Certified Divorce Financial Analysts (CDFA’s) are financial professionals
trained in the complexities of divorce finances. Their job is to help divorcing
couples split assets fairly and establish a sound financial plan for the future.
Already trained as accountants, investment advisers, or financial planners,
CDFA’s receive specialized training to help divorce clients gather necessary
financial information and develop financial projections based on different
scenarios for dividing assets. Spouses, attorneys, and the divorce judge all
review their projections. All assets and income – including salaries, health
benefits, retirement plans, stock options, alimony, child support, living
expenses, and tax implications – are factored into the financial models.
The participation of a financial specialist can benefit both lawyers and their
clients. While the CDFA wades through the financial morass of a divorce, the
attorney is free to focus on other legal issues. Using a qualified financial
professional also relieves the attorney of sole responsibility for proposing
settlements or explaining financial details for wish he or she may not be fully
trained. The use of a CDFA is considered appropriate for any divorcing
couple with a net worth of at least $250,000.
A property settlement or separation agreement may be voided by one of
the spouses where the other obtained it by fraud, duress, or undue influence.
The party seeking to set aside a separation, support, or property settlement
agreement has the burden of establishing, by competent evidence, fraud,
duress, coercion, or mutual mistake in the execution of the agreement, but
some cases hold that if the agreement is unreasonable on its face, a
presumption of concealment arises, the burden shifts, and it is incumbent on
the other party to prove validity.
Acts constituting fraud, thereby justifying setting aside a judgment and
marital settlement agreement, include:
a. Concealment by one party of the existence of a community asset;
b. Prevention of participation in the proceeding by the other party;
c. Failure to give notice of the action to the other party;
d. Proceeding to obtain a judgment without the knowledge of the other
party; and
e. Convincing the other party not to obtain counsel.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
