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 is a process where couples and their attorneys agree not to litigate. If either party goes to court, their attorney must stop representing them.
Certified Divorce Financial Analysts (CDFAs) are trained professionals who help couples split assets fairly and create a financial plan for the future. They analyze all financial aspects of the divorce, including income, assets, and expenses, to ensure a fair settlement. The involvement of a CDFA allows attorneys to focus on legal issues while the financial expert handles the complexities of finances.
If you suspect fraud, duress, or undue influence in your settlement, you may be able to void the agreement. The burden of proof lies with the party seeking to invalidate the settlement, who must provide evidence of fraud or coercion. Situations that may justify setting aside a settlement include:
- Concealing community assets
- Preventing the other party from participating
- Failing to notify the other party of proceedings
- Obtaining a judgment without the other party's knowledge
- Convincing the other party not to seek legal counsel
Consulting with a qualified attorney who understands these issues is crucial for navigating your situation effectively.
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.