Legal Question in Family Law in Virginia

Divorce

My brother rcv'd a phone call from his wife 9/30 stating she no longer wanted to be married & he would be getting papers in the mail. He received the papers (a property settlement agreement dated 7/30); he was totally caught off guard by this & signed the papers under extreme duress thinking he was doing right for his kids. He did'nt contact a lawyer himself until last week & she tells him that he signed the PSA & what's done is done...there is no changing it regardless of his emotional/mental state at the time of signing. My brother works out of town & it was agreed by both parties that he would go to TN returning every 3 weeks to VA (where the papers are filed) until the house was sold at which time the wife & kids would move (they even placed a contract on a house in TN together in late Aug). It was discovered last week that she has been having an affair & bringing the man to the house while my brother is gone & the children are present. Can you please tell me if what his lawyer is telling him is the way it is or should he get a new attorney? It seems to be that if they were presenting as husband and wife (& there are witnesses to this) after 7/30 & she didn't tell him until 9/30, he should have some recourse. Pls advise


Asked on 1/31/08, 3:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Divorce

Yes, your brother would probably be well advised to seek a second opinion regarding his situation from a Virginia lawyer who is appropriately experienced in the Commonwealth's domestic relations laws and procedures.

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Answered on 1/31/08, 4:55 pm


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