Hess Family Law wins Court of Appeals Case: Separation Agreements are Not Voidable

     A few months prior to Husband and Wife marrying in September 2003, Wife contacted an attorney to begin the process for Wife, a Canadian citizen, to obtain permanent resident status in the United States. Due to marital difficulties, in 2005 and 2008, Husband and Wife executed Marital Settlement Agreements. Wife used the same attorney to assist her with the drafting of the Agreements that was used by the parties in the Immigration matters. Husband chose not to obtain legal counsel regarding the Separation Agreement even though both Agreements advised Husband that Wife’s attorney was not representing Husband’s interests. Husband and Wife negotiated the terms of their Agreements on their own and Wife advised the attorney on what to draft.