Legal Question in Family Law in Virginia

I am divorcing my husband of 9 years. Prior to him leaving the residence he signed a settlement agreement witnessned by a notary which I drafted. The agreement clearly states neither party shall receive spousal support. In Feb. 09 he was served divorce papers, he filed his answers in August '09. He is now trying to sue for spousal support because he claims the settlement agreement is fraudulent because I refused to give him an original when it was signed. Instead I gave him a copy a few hours later. Will the judge consider his claim? Also, in a discovery since he is trying to get spousal support can he ask for my financial records?


Asked on 8/30/09, 10:31 pm

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

The judge will consider your husband's claim for alimony, but will then likely dismiss it on the grounds that he waived his right to spousal support by signing the referenced settlement agreement. (His claim to not immediately having an original of the document as a basis for fraud will not pass the credibility test.)

Furthermore, if the court rules that he is not entitled to alimony, then he would have no basis for issuing discovery requests for your financial records.

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Answered on 9/04/09, 11:57 pm


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