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Can I challenge the post nuptial doc? Is it worth fighting to leave to court judgement on marital property division?

| Dec 19, 2015 | Uncategorized

Q: We were married for 4 years and according to me the marriage is not irretrievable as it was phrased in the summons. We were married in India twice as per Hindu tradition and registered our marriages in India, in separate Indian states (Karnataka and Maharashtra).
We lived together for 1.5 years in NYC, happily married, with very minor issues due to family misunderstandings, Then I moved to Boston on job as I lost my job in NYC and needed a job to maintain a valid H1B status in USA. I also needed a green card that would help me stay in US with my husband. My husband’s company was going to sponsor his green-card and hence I could get one for myself through him. When I moved to Boston, my husband wanted me to sign a post-nuptial document, without which he threatened to not do my green-card and send me back to India all alone and then divorce. He also promised that if I signed the document, he would consider having children together and not divorce me. Then he hired a lawyer for me and paid all lawyer expenses to make me sign the post-nuptial document. Now 2 years later, my husband, out of the blue, sends me a divorce notice, which is a shock to me. I would like to reconcile.

A: David’s Answer: Preliminarily, a “reconciliation” cannot be forced – ultimately if he wants to terminate the marriage, he’ll most likely be allowed to do so. As you would have the burden of proving the facts you allege as a basis to vacate the agreement, your case appears at first blush to be a difficult one to win. That said, one would need to review the agreement itself to render a definitive opinion. Thus, you should schedule a consult with a NYC Divorce attorney for a full assessment. — David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

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