Is Your Divorce Settlement Threatened by Coercion or Duress?

Divorce is never a pleasant experience, but the behaviour of you and your former spouse can have a huge impact on just how traumatic the process actually is. The more amicable you can be, the better, but as Aventura divorce attorneys, we know that’s not always an option. When things heat up and emotions run high, both parties can become tempted to use every weapon in their arsenal to get the better of their soon-to-be-ex. While some level of upset is to be expected, if you feel that your spouse has crossed the line into behaving improperly, you should consult a Aventura divorce attorney to discuss your legal options.

What Counts as Coercion or Duress during a Divorce?

If one spouse acts in a way which makes the other feel as though they have been forced into signing an agreement, or into agreeing to terms they were not comfortable with, the divorce settlement could collapse due to coercion. For example, if one spouse has evidence of an affair, and threatens to make this evidence public unless the other spouse agrees to waive custody of the children, or pay an unusually high financial settlement, this could be considered coercion, or signing the divorce papers under duress.

Another example of duress would be one fiancé strongly encouraging the other to sign a prenuptial agreement before their assets, liabilities and circumstances can be fully checked. This tends to happen when significant debts exist or are likely to come due soon.

If your divorce has been signed off under duress, it’s likely that the entire agreement will be deemed invalid.

Act Now If You Suspect Coercion or Duress

Although you’ve probably been going through quite a stressful and traumatic time recently and, therefore, may be concerned that your emotions are getting the better of you and tarnishing your memory of events, it’s important to act quickly if you believe you have been coerced into signing a divorce agreement. The statute of limitations for this offense is just one year, so, if you wait any longer, you won’t be entitled to file a lawsuit even if your ex-spouse is guilty.

If you feel that you were pressured into signing the divorce papers, or that your former husband or wife threatened you in an attempt to get their own way during the divorce process, you should contact an Aventura divorce attorney immediately. One year from the date you divorced, you’ll lose the legal right to contest this behaviour.

You deserve a divorce that works in your favour as much as it does for your former spouse, so don’t let their behaviour deny you what you’re entitled to. An Aventura divorce attorney will know just how to approach your case, using their extensive knowledge of Florida law to expose the coercion or duress, also known as intrinsic fraud, and put you back in control.

To schedule your free consultation, call today on 786-558-4950 and get an expert Aventura divorce attorney onto your team.