Discussion paper on Divorce and Property Settlement Agreement
Divorces can be contested or uncontested. What is the difference between the two types? Are they handled differently? What information is necessary to know to get divorced? There are certain disclosure rules for a Property Settlement Agreement to be deemed valid. What are those rules, and what is the consequence of a violation of these rules? Further, read the scenario below and answer the following questions too.
John and Donna have been married eight years and live in New York. They want to get a divorce; they both agree that it is the right thing to do. Donna found out that John was having an affair for almost a year. They no longer love each other or wish to be together. Discuss whether this is a contested or uncontested divorce.
Do you think this information is sufficient to determine the nature of the divorce? What more information might you need? Would your answer change if you knew that they have an eight-year-old son, Matthew? What are the necessary actions for filing and completing an uncontested and contested divorce? In the process of getting the divorce, they negotiated a Property Settlement Agreement. John and Donna have listed their assets and liabilities. The agreement is prepared, and both parties sign the agreement. Donna then learns that John failed to disclose all his assets. Is the Property Settlement Agreement valid? Under what circumstances would the Property Settlement Agreement be valid despite John’s failure to disclose assets?
Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, regulations, etc.), government websites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your text and legal dictionaries.
