It is unquestionably possible. For certain, some property settlement agreements may be signed under duress. Will such a claim allow the matter to be reopened in court? Can issues that appeared to be settled be subject to further negotiation? Settlements are often reevaluated for change of circumstances. However, duress claims must be evaluated by the court.
A Recent Case
Consider the Appellate Division’s recent unpublished opinion in 20-2-7960 Taveras v. Prieto, App. Div. (per curiam). The case involves parties who were divorced after twenty-one years of marriage. The divorce decree included a Property Settlement Agreement (“PSA”) purportedly agreed to and signed by both parties. The Plaintiff Teresa Taveras had second thoughts about the agreement.
First, Ms. Tavaras claimed that she signed the PSA under duress. It seems that the plaintiff tried to dismiss her attorney prior to the court appearance and represent herself. Admittedly, Ms. Tavaras and her lawyer disagreed on some of the issues. The court would not allow plaintiff’s counsel to discontinue his representation. Ms. Tavaras claimed that her lawyer and the defendant’s counsel met in the hallway and pressured her into agreeing to the Property Settlement Agreement.
The next issue was one that involved signatures on the actual PSA. Ms. Tavaras says that she never approved handwritten changes on the document. She also contended that the initials next to the additions were not her. In the end, it was her own testimony that disputed the plaintiff’s claims.
During court testimony, Ms. Tavaras indicated that she read the document and felt it was a result of fair negotiations. She also said that she signed and initialed the PSA and fully understood it. The court essentially ruled that it was Ms. Tavaras’ word against …herself.
Are Duress Claims Ever an Option?
This is not to say that duress claims are never an option when considering revisions to a property settlement agreement. One spouse may coerce the other to enter into agreement with fear tactics. Unfortunately, those involved in domestic violence claims may be subject to these types of actions. It is up to an experienced family law attorney to present these matters to the court. Obviously, evidence and credibility are all necessary to present to the judge.
Contact Us
As an experienced family law attorney, Sam Stoia has worked with Property Settlement Agreements extensively. Contact us to set up a complimentary meeting to discuss the particulars of your case.