I’ve been given a less than equitable separation agreement from my wife, where she would get 65% of house, plus ALL of our other shared property– which was acquired during the marriage. If I don’t sign, she’s threatening to file a DVPO for harassing behavior causing emotional distress– which was only me snooping around the stuff trying to find proof of a suspected affair. I didn’t access anything illegally, had no spyware on anything etc. Essentially lifting up an ipad where unread messages appeared on lock screen. Thought of a DVPO is likely career threatening, but also feel like I’m due much more of our joint property over 25 years of marriage. Just looking for advice on whether politely decline and take my chances? Considering a paid consultation, if need, but nothing more at the moment.
If you believe the property settlement offer is not equitable, then you can file a lawsuit against your wife for equitable distribution. You can also suggest that a mediation take place in an effort to resolve all issues out of court.
Based on the actions you described for looking for evidence of an affair, without more, is likely not grounds for a domestic violence protective order to be entered.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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